DOJ Shift On Pay-For-Delay Puts Focus On Courts

Law360, New York (April 14, 2009, 12:00 AM EDT) -- In a reversal of its stance under the Bush administration, the U.S. Department of Justice this week aligned itself with the Federal Trade Commission against “pay-for-delay” settlements between branded-drug makers and their generics competitors, a move experts say could inspire courts to rethink their views of the deals.

On Monday, the DOJ filed a brief with the U.S. Court of Appeals for the Second Circuit, saying pay-for-delay settlements in patent lawsuits were presumptively unlawful and that drug companies should offer justifications in order to avoid antitrust...
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