California Court of Appeal

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In re Cipro Cases I & II, D056361

In an appeal from a judgment of the trial court dismissing plaintiff's action for Cartwright Act violations and other related causes of unfair competition involving Cipro litigation settlement agreements, judgment is reversed where: 1) a settlement of a lawsuit to enforce a patent does not violate the Cartwright Act if the settlement restrains competition only within the scope of the patent, unless the patent was procured by fraud or the suit for its enforcement was objectively baseless; and 2) plaintiffs' claim that an infringement suit was objectively baseless due to inequitable conduct is preempted by federal patent law.

Appellate Information

  • Decided 10/31/2011
  • Published 10/31/2011

Judges

  • NARES

Court

  • California Court of Appeal

Counsel