Pay-For-Delay Suits Get New Life Following High Court Ruling

Law360, New York (June 17, 2013, 9:46 PM EDT) -- The U.S. Supreme Court's ruling Monday allowing antitrust challenges to reverse payment patent settlements breathed new life into lawsuits targeting pharmaceutical companies over pay-for-delay deals, with most cases likely to survive early dismissal bids as trial judges apply traditional antitrust analysis, experts say.

Though the justices stopped short of backing the Federal Trade Commission's efforts to have the Hatch-Waxman Act settlements presumed to be illegal, the court did overturn an analysis that had won support in several circuits and made it impossible to challenge the settlements...
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