Pay-For-Delay Antitrust Test Sets Bar Too High: FTC Official

Law360, New York (January 24, 2013, 8:10 PM EST) -- A top Federal Trade Commission antitrust official warned Thursday that an antitrust standard holding pay-for-delay pharmaceutical patent settlements generally legal overvalues weaker patents without offering any benefits for consumers.

In its U.S. Supreme Court case over testosterone replacement drug Androgel, the FTC is challenging the so-called scope of the patent test, a rule adopted by several circuit courts holding that reverse payments are generally legal as long as they don't exceed the scope or duration of the challenged patent. At the annual meeting of the New...
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