Lawyers Comment On High Court's Pay-For-Delay Decision
Law360, New York (June 17, 2013, 6:34 PM EDT) -- The U.S. Supreme Court ruled Monday that brand-name drugmakers can be sued for paying generic-drug manufacturers to delay the release of low-cost versions of blockbuster medicines, overturning an Eleventh Circuit finding that the agreements were generally legal. Here, attorneys tell Law360 why the 5-3 decision in Federal Trade Commission v. Actavis Inc. is significant.
Alden Atkins, Vinson & Elkins LLP
"The court's decision stands out because it says that an agreement that is entirely within the scope of a patent may violate the antitrust laws, without considering whether the validity of the patent is in doubt. The court was obviously influenced...
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