Pharmas Seek Pay-For-Delay Suit Stay Pending High Court Input

Law360, New York (August 6, 2012, 5:29 PM EDT) -- A circuit split on the legality of so-called pay-for-delay pharmaceutical patent settlements requires the U.S. Supreme Court to tackle the issue before a trial court reconsiders an antitrust suit against Merck & Co. and another drugmaker, the companies told the Third Circuit on Friday.

In a motion for stay of mandate, Merck and Upsher-Smith Laboratories Inc. said that the Supreme Court would most certainly want to review the Third Circuit's ruling last month that settlements resolving patent suits between pharmaceutical companies and their generic rivals may...
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