FTC May Have To Follow Merck's Lead In Pay-For-Delay Fight

Law360, New York (August 28, 2012, 8:57 PM EDT) -- With the U.S. Supreme Court likely to hear Merck & Co. Inc.'s challenge to a Third Circuit ruling that pay-for-delay patent settlements are anti-competitive, attorneys said Tuesday that the Federal Trade Commission's best bet in its campaign to block the deals may be to take its own fight to the justices.

Though the Supreme Court has repeatedly refused to review the long-simmering antitrust issue in the past, attorneys said the pay-for-delay dispute is now as well teed up for the justices as it could be with...
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