Supreme Court Warned Of Risks Of Banning Pay-For-Delay

Law360, New York (March 1, 2013, 3:08 PM EST) -- A slew of drugmakers, industry groups and economists urged the U.S. Supreme Court on Thursday to hold so-called pay-for-delay deals generally legal, warning that endorsing the Federal Trade Commission's bid to ban the settlements would undermine patent rights and pharmaceutical development.

Respondents Solvay Pharmaceuticals Inc., Actavis Inc., Paddock Laboratories Inc. and Par Pharmaceutical Cos. received support in the form of 17 amicus briefs counseling the justices to uphold the Eleventh Circuit's antitrust standard for the Hatch-Waxman Act settlements.

Under that standard, known as the scope of...
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