Justices At Odds With 3rd Circ. On Pay-For-Delay, Merck Says

Law360, New York (June 19, 2013, 3:39 PM EDT) -- Merck & Co. Inc. told the U.S. Supreme Court on Tuesday that its recent ruling that so-called pay-for-delay deals can violate antitrust laws was inconsistent with the standard used by the Third Circuit when it found such an agreement entered by Merck was anti-competitive.

In a supplemental brief, Merck urged the high court justices to review the Third Circuit's ruling that the company had reached an anti-competitive settlement of patent cases with rivals seeking to make generic forms of K-Dur 20, a drug used to treat...
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