FTC's Pay-For-Delay Push May Hinder Pharma Patent Deals

Law360, New York (August 15, 2012, 8:57 PM EDT) -- The Federal Trade Commission's recent brief challenging a patent settlement over antidepressant Effexor shows the agency is intent on expanding the Third Circuit's K-Dur decision beyond traditional pay-for-delay settlements, a move that could make it harder to settle pharmaceutical patent litigation, antitrust attorneys say.

The FTC's argument centers on the Third Circuit's July ruling in litigation over blood pressure medication K-Dur 20, in which it held that any payment from a patent-holding pharmaceutical company to a generics maker that agrees to delay market entry amounts to...
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