3rd Circ. Pay-For-Delay Ruling Opens Door To High Court

Law360, New York (July 16, 2012, 7:50 PM EDT) -- The Third Circuit ruled Monday that payments from pharmaceutical makers to generics companies to settle patent litigation are evidence that a deal might violate federal antitrust law, rejecting the more lenient standard applied by other circuits and creating an opening for the long-simmering pay-for-delay debate to reach the U.S. Supreme Court.

In a landmark decision reviving litigation over blood pressure medication K-Dur 20, a three-judge panel rejected the so-called scope of the patent test adopted by several other circuit courts in recent years, and told the...
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