High Court Pay-For-Delay Ruling To Revamp Drug Patent Deals

Law360, New York (June 17, 2013, 8:29 PM EDT) -- The U.S. Supreme Court's Monday ruling allowing antitrust challenges to pay-for-delay settlements will reshape how drugmakers settle patent disputes, attorneys say, since the court stressed that a generics maker will have to do more than agree to stay off the market in order for a payment from a branded company to be legal.

The justices made clear that settlements in suits alleging that a generic drug infringes a branded company's patents can run afoul of antitrust law, particularly if they involve only a payment to the generics maker in exchange for delaying the release of its product.

However, the opinion laid...

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