9th Circ. Skeptical Calif. Pay-For-Delay Law Poses Danger

Law360 (July 16, 2020, 7:39 PM EDT) -- A Ninth Circuit panel on Thursday pressed the attorney for a generic-drug industry association during oral arguments to explain how California's state law prohibiting most so-called pay-for-delay settlements poses a risk of imminent danger to pharmaceutical companies.

The Association for Accessible Medicines is appealing the district court's New Year's Eve decision rejecting the group's bid for a preliminary injunction that would block implementation of A.B. 824, which the governor signed into law in October last year.

The statute is the first in the nation to directly target pay-for-delay deals and makes it presumptively illegal for branded drug companies to reach patent...

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