Ex-FTC Head Predicts Partial Win On Pay-For-Delay

Law360, New York (April 11, 2013, 8:15 PM EDT) -- Former Federal Trade Commission Chairman Jon Leibowitz predicted Thursday that the U.S. Supreme Court would take the middle road on pay-for-delay, likely overturning a ruling that the pharmaceutical patent settlements are generally legal without endorsing the antitrust watchdog's request for a near-ban on the arrangements.

The agency finally convinced the justices to hear a challenge to the agreements in which branded drugmakers pay generics makers to delay market entry after the Eleventh and Third circuits parted ways on whether or not the Hatch-Waxman Act settlements should...
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