Barr reaches agreement with Bayer over ciprofloxacin supply

Generic and proprietary pharmaceuticals company Barr Laboratories has begun shipping 250mg, 500mg and 750mg ciprofloxacin hydrochloride tablets, pursuant to a license from Bayer Corporation.

Barr is distributing the ciprofloxacin products as part of a 1997 settlement of a patent challenge that Barr initiated against Bayer's Cipro antibiotic. Cipro is patent protected until 9 December, 2003.

Under the terms of a non-exclusive supply and distribution agreement, Barr purchases ciprofloxacin products that are manufactured under Bayer's New Drug Application (NDA) for Cipro directly from Bayer. Barr will market the ciprofloxacin products under its own label. The agreement provides Barr with the right to distribute the ciprofloxacin products until the patent protecting Bayer's Cipro expires.

Bayer has indicated that it will seek paediatric exclusivity for Cipro, which, if granted, could delay the introduction of generic versions for six months beyond the expiry of the patent. Barr and Bayer are currently negotiating an agreement that would allow Barr to continue distributing ciprofloxacin products during Bayer's pediatric exclusivity period for Cipro.

'We are pleased to add this important therapy to our product portfolio,' said Bruce L. Downey, Barr's chairman and ceo. 'As a result of our patent challenge settlement, we will be distributing an alternative brand ciprofloxacin product six months prior to patent expiry.'