Merck Asks High Court To Review K-Dur Pay-For-Delay Case

Law360, New York (August 24, 2012, 9:06 PM EDT) -- Merck & Co. Inc. on Friday urged the U.S. Supreme Court to review the Third Circuit's ruling that pay-for-delay patent settlements were presumptively anti-competitive, calling the dispute the "epitome" of the kind of case that merits the justices' scrutiny.

The pharmaceutical giant argued in a writ of certiorari that the Third Circuit's decision in a dispute over patent settlements with Upsher-Smith Laboratories Inc. and Baxter International Inc. unit ESI Lederle had created an unmistakable split among the circuits about what standard should apply to antitrust challenges...
To view the full article, register now.