High Court Vacates 2 Pay-For-Delay Rulings Post-Actavis

Law360, New York (June 24, 2013, 4:49 PM EDT) -- The U.S. Supreme Court on Monday vacated a ruling that Merck & Co. Inc.’s so-called pay-for-delay deals with two generic-drug makers were anti-competitive, remanding the case and telling the Third Circuit to evaluate the agreements using a different test that the high court applied in a recent landmark ruling.

The Supreme Court voided the Third Circuit’s holding that pay-for-delay deals, under which brand pharmaceuticals manufacturers settle patent litigation with the manufacturers of generics by offering them payment and an eventual license to a drug’s patents, should...
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