Merck Criticizes FTC's Proposed Pay-For-Delay Rule

Law360, New York (February 28, 2013, 7:00 PM EST) -- Merck & Co. Inc. urged the U.S. Supreme Court on Thursday to reject the Federal Trade Commission's bid for an "aggressive and overbroad" antitrust test for so-called pay-for-delay settlements, warning that the standard the watchdog proposed would effectively make the pharmaceutical patent settlements inherently illegal.

The drugmaker had asked the justices to hear its own challenge to a Third Circuit decision adopting the very standard the FTC is now pushing for courts to use when scrutinizing antitrust claims against settlements in which branded-drug companies pay generics...
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