Ciprofloxacin: the Dispute over compulsory licenses

Legal framework for government use of patents in the US, and under WTO and NAFTA rules.

Some of the firms that have received US FDA approval for the quality of their versions of ciprofloxacin, but cannot sell to the public until they overcome patent barriers. Any of these firms could supply the US government under 28 USC 1498.

Global prices for ciprofloxcin.

CPT Documents

Various Comments

FTC Investigation of Agreement Between Bayer and Barr Laboratories to Keep Generic Cipro Off the U.S. Market

  • SEC 10-K Filing of Barr Laboratories for Year Ending June 30, 2000 (Chapter I).
    In January 1997, Bayer AG, Bayer Corporation ("Bayer") and we agreed to settle the then pending litigation regarding Bayer's patent protecting ciprofloxacin hydrochloride... Under the supply agreement, Bayer has the option to either make payments to Barr or allow Barr and Rugby Laboratories, now owned by Watson Pharmaceuticals, Inc., to purchase Ciprofloxacin from Bayer at a predetermined discount. If Bayer chooses not to provide the product to Barr, we expect to receive cash and recognize related proceeds, ranging from approximately $28-$31 million per year through the fiscal year ending June 30, 2003...

    On June 30, 1999, the Company received a civil investigative demand and a subpoena from the Federal Trade Commission, or the FTC, that, although not alleging any wrongdoing, sought documents and data relating to the January 1997 agreements resolving patent litigation involving Ciprofloxacin hydrochloride, which had been pending in the U.S. District Court for the Southern District of New York. The FTC is investigating whether the Company, through settlement and supply agreements, has engaged or are engaging in activities in violation of the antitrust laws. The Company continues to cooperate with the FTC in this investigation.

  • October 24, 2001. October 5, 2001. Prescription Access Litigation Project. Unlawful Conspiracy Restricted Production of Cipro, Consumers Charge in Suit Filed Today Against Bayer Corporation.
  • October 18, 2001. Kristin Hallam for Bloomberg News. Senate panel requires disclosure of deals between patent owners and generic rivals, discusses Cipro patent CL request.
Canadian Government authorizes generic to use patent for Cipro


News Stories
Stories on US dispute

Information on Multi-Drug Resistant Strains of Anthrax Developed by the Soviet Union

Basic Information on Treatment of Anthrax

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