Pay-For-Delay To Test High Court's Pro-Settlement Stance

Law360, New York (March 20, 2013, 8:14 PM EDT) -- The U.S. Supreme Court will hear arguments Monday in a pivotal pay-for-delay dispute that has pitted the Federal Trade Commission against most of the pharmaceutical industry and may put the courts' long-standing policy of favoring settlements to the test.

More than a decade after the FTC began campaigning against the Hatch-Waxman Act pharmaceutical patent settlements, the justices are set to consider a deep split among the circuit courts over whether the deals between branded and generic drugmakers should be presumed anti-competitive or held to be generally...
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