FTC Has Shot At Victory In Pay-For-Delay Suits: Attys

Law360, New York (February 19, 2010, 6:08 PM EST) -- In two cases the Federal Trade Commission brought challenging so-called reverse payment settlements in the pharmaceutical industry, the agency is looking for victory in a hostile legal landscape — but it may have a shot, attorneys say.

The agency has been pushing for the U.S. Congress to ban reverse payment settlements outright, but Mike Kades, an attorney adviser to FTC Chairman John Leibowitz, said that even without intervention from Congress, the agency could see a path to at least partial victory under current law.

“The courts...
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