3rd Circ. Keeps K-Dur Ruling In Place As FTC Fights IP Deals

Law360, New York (August 17, 2012, 5:18 PM EDT) -- The Third Circuit on Friday refused to put a hold on its ruling that pay-for-delay patent settlements are presumptively anti-competitive while the defendant drugmakers ask the U.S. Supreme Court to hear the case, making it easier for the Federal Trade Commission to challenge other pharmaceutical patent settlements in the meantime.

Defendants Merck & Co. Inc. and generics maker Upsher-Smith Laboratories Inc. had urged the court to stay its ruling in the dispute over settlements relating to patents for blood pressure medication K-Dur 20 while the companies...
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