Pay-For-Delay Is Smart And Legal, Drugmakers Argue

Law360, New York (November 15, 2010, 4:41 PM EST) -- Watson Pharmaceuticals Inc. and Abbott Products Inc. have argued in an appellate brief defending their reverse-payment deal that pay-for-delay settlements are not only legal, they make perfect sense given the pressures brand-name drugmakers face under the Hatch-Waxman Act.

Hatch-Waxman gives a generic challenger to a drug patent enormous leverage in litigation, so it makes sense that brand-name drugmakers would pay to make their patent suits go away, the drug companies said Friday in a brief filed in the U.S. Court of Appeals for the Eleventh Circuit....
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