Tackling 'Pay-For-Delay' In Calif. Supreme Court

Law360, New York (March 8, 2012, 1:27 PM EST) -- Last month, the California Supreme Court granted a petition for review to consider the legality of “pay-for-delay” agreements. Under these agreements, also referred to as “reverse payment settlements,” a branded drug maker pays manufacturers of generic versions of the branded drug to abandon a patent challenge and delay offering the generic versions on the market.

Overview of the Circuit Split

There is currently a split among the federal courts of appeal over the legality of pay-for-delay agreements under the Sherman Antitrust Act. The Sixth Circuit and...
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