Big Pharma’s Legal Bill To Take Hit From Pay-For-Delay Ruling

Law360, New York (June 17, 2013, 8:08 PM EDT) -- The U.S. Supreme Court’s ruling Monday requiring stepped-up scrutiny of so-called pay-for-delay deals will force the pharmaceutical industry to spend more money litigating patent suits and devising settlements that won’t be viewed as anti-competitive, experts say.

Under the decision Monday, settlements involving pay-for-delay arrangements, also known as reverse payments, will likely face scrutiny on a number of factors: Whether and how soon the generic drug comes on the market before patent expiration. How much money is involved, relative to future litigation costs. Whether the cash represents...
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