K-Dur Doesn't Apply To Authorized Generic Deals, Judge Says

Law360, New York (December 6, 2012, 8:52 PM EST) -- A New Jersey judge dismissed a putative class action against GlaxoSmithKline PLC and Teva Pharmaceutical Industries Ltd. on Thursday, ruling that the Third Circuit's recent decision subjecting so-called pay-for-delay pharmaceutical patent settlements to tougher antitrust scrutiny only applied to deals including cash payments.

U.S. District Judge William H. Walls concluded that GSK's promise not to launch its own authorized generic version of epilepsy treatment Lamictal during Teva's exclusivity period was not what the appeals court meant by "reverse payment" in its K-Dur decision, which held that...
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