FTC Sets Sights On High Court Pay-For-Delay Fight

Law360, New York (September 20, 2012, 6:47 PM EDT) -- Federal Trade Commission Chairman Jon Leibowitz said Thursday that the agency will likely ask the U.S. Supreme Court to review the Eleventh Circuit's recent ruling reiterating that pay-for-delay pharmaceutical patent settlements are generally legal.

The agency has until Oct. 16 to file a petition for certiorari with the justices asking them to review the Eleventh Circuit's decision rejecting the FTC's antitrust case targeting settlements Solvay Pharmaceutical Inc. made with generic Androgel makers, and Leibowitz said at the Fordham Competition Law Institute conference Thursday that he expects...
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