Bayer wants to protect its patent on the anthrax-fighting antibiotic, but that doesn't necessarily mean it couldn't grant an emergency exemption to a generic drug maker.
Experts say it isn't viable for drug companies that spend millions developing a new antibiotic medicine then to be told by regulators to hold it in reserve for the next emergency.
Despite all the fuss made this week by Bayer over its antibiotic Cipro, selling antibiotics to the government for stockpiling doesn't seem to be a great business.