Merck Says High Court Should Hear 2 Pay-For-Delay Cases

Law360, New York (November 20, 2012, 4:57 PM EST) -- Merck & Co. Inc. on Tuesday renewed its challenge to a Third Circuit ruling holding "pay-for-delay" pharmaceutical patent settlements as presumptively anti-competitive, telling the U.S. Supreme Court that it should take up both that case and a separate Eleventh Circuit ruling in order to resolve the matter.

In a reply brief, Merck advised the high court to review the Third Circuit's ruling that Merck's settlement of patent cases with generic challengers to its K-Dur 20 blood pressure medication was anti-competitive, but said that both that ruling...
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