Androgel Is FTC's Best Shot At High Court Pay-For-Delay Case

Law360, New York (July 19, 2012, 9:44 PM EDT) -- The Eleventh Circuit's refusal Wednesday to rehear the Federal Trade Commission's case against settlements Solvay Pharmaceutical Inc. made with generic Androgel makers — just two days after the Third Circuit created a clear appellate split on the issue — has given the agency its best shot at having the U.S. Supreme Court take up its decadelong campaign against pay-for-delay deals.

Though the justices repeatedly have refused to hear litigation challenging the settlements between brand- and generic-drug makers in the past, the textbook split between the Eleventh...
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