Pay-For-Delay May Need More Evidence After 3rd Circ. Ruling

Law360 (July 21, 2020, 4:13 PM EDT) -- On April 22, the U.S. Court of Appeals for the Third Circuit in In re: Lamictal overturned a district court decision certifying a class of direct purchaser plaintiffs who purchased branded and generic versions of the pharmaceutical product Lamictal (lamotrigine), a treatment for epilepsy and bipolar disorder.[1]

This decision is notable because it includes an acknowledgment that the use of average prices may be highly misleading in cases where there are individual price negotiations, widespread use of discounting and strategic pricing by sellers in the marketplace. Importantly, this decision involves the pharmaceutical industry, where at least some of those circumstances are...

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