Abbott Cert. Bid Says Nixing Pay-For-Delay Will Kill Innovation

Law360, New York (November 16, 2012, 4:42 PM EST) -- An Abbott Laboratories subsidiary on Tuesday asked the U.S. Supreme Court to consider the Federal Trade Commission's antitrust challenge to “pay-for-delay” drug patent settlements, arguing that impeding such deals will threaten innovation in the pharmaceutical industry, while two other companies said intervention was unwarranted.

In a brief filed with the Supreme Court, Abbott subsidiary Solvay Pharmacueticals Inc. — now known as AbbVie Products LLC — sided with the FTC that the agency's case should be granted certiorari. The FTC's suit targets Solvay and companies with which...
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