Expanding The 'Quick Look' Framework

Law360, New York (March 21, 2012, 1:07 PM EDT) -- The Third Circuit is expected to rule this spring in a case that has the potential to expand use of the “quick look,” or truncated, rule of reason analysis. In In re K-Dur Antitrust Litigation, plaintiffs, direct purchasers of the patented drug K-Dur 20, allege that Schering-Plough Corporation and Upsher Smith Laboratories violated Section 1 of the Sherman Act when Schering entered into “reverse payment” settlements of patent infringement litigation with generic manufacturers Upsher-Smith and ESI Lederle.[1]

The Third Circuit’s decision may add further wrinkles to...
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