K-Dur: The Rejection Of 'Scope Of The Patent' Test
July 24, 2012, 1:11 PM EDT
Law360, New York (July 24, 2012, 1:11 PM EDT) -- On July 16, 2012, the Third Circuit in In re K-Dur Antitrust Litigation rejected the “scope of the patent” test that has been almost uniformly adopted by other courts of appeals and reversed a lower court’s judgment dismissing a pay-for-delay case against Schering-Plough Corporation involving the potassium supplement K-Dur. Nos. 10-2077, 10-2078, 10-2079, 10-4571 (3d Cir. July 16, 2012).
Parting ways with the majority of its sister circuits, the Third Circuit held that reverse payment settlement agreements must be reviewed under a quick look rule of...