Patent Validity Issue Underpins High Court Pay-For-Delay Case

Law360, New York (December 10, 2012, 9:44 PM EST) -- The  U.S. Supreme Court has finally decided to examine a long-running antitrust battle between the pharmaceutical industry and the Federal Trade Commission over so-called pay-for-delay settlements, clearing the way for the justices to make some tough calls on the amount of deference courts must give to the settlements — and their underlying patents.

Now that the court has granted certiorari in the FTC's suit over settlements Solvay Pharmaceuticals Inc. inked with several generics makers over testosterone-replacement treatment Androgel, it will have a chance to resolve the...
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