EU, US May Get Same Results In Pay-For-Delay Enforcement

Law360, New York (June 27, 2013, 8:11 PM EDT) -- The European Commission may have taken a tougher approach to pay-for-delay deals with its recent $125.6 million fine against H. Lundbeck A/S than the U.S. Supreme Court allowed the Federal Trade Commission to do last week, but attorneys said Thursday that the decisions may well yield the same result in both jurisdictions: fewer pharmaceutical patent settlements.

The last week has seen two landmark decisions for pay-for-delay enforcement. First, on June 17 the Supreme Court found that settlements in which branded drugmakers pay generics to delay market...
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