Pharma Cos. Rip FTC's Bid To Bar Pay-For-Delay Deals

Law360, New York (February 21, 2013, 8:21 PM EST) -- The Federal Trade Commission's bid to make so-called pay-for-delay settlements presumptively illegal undervalues patents and would wreak havoc on courts forced to relitigate patent cases amid antitrust disputes, several drugmakers told the U.S. Supreme Court on Thursday.

Solvay Pharmaceuticals Inc., Actavis Inc., Paddock Laboratories Inc. and Par Pharmaceutical Cos. Inc. all warned the justices not to overturn the Eleventh Circuit's decision holding that the Hatch-Waxman Act settlements are generally legal as long as they do not exceed the scope of the patent.

In three separate briefs,...
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