Bayer, Others Ask High Court To Review Pay-For-Delay Case

Law360, New York (September 25, 2012, 8:43 PM EDT) -- Bayer AG and three legal and pharmaceutical industry trade groups urged the U.S. Supreme Court on Monday to review a Third Circuit ruling that pay-for-delay deals should be presumed anti-competitive in a dispute over Merck & Co. Inc.'s blood pressure drug K-Dur.

Along with Bayer, the New York Intellectual Property Law Association, the Pharmaceutical Research and Manufacturers of America and the Washington Legal Foundation all lodged separate amicus briefs in support of petitions for certiorari from Merck and generic drugmaker Upsher-Smith Laboratories Inc. The defendants have...
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