GSK, Teva Say Lamictal Deal Doesn't Break Antitrust Law

Law360, New York (September 9, 2013, 3:37 PM EDT) -- GlaxoSmithKline LLC and Teva Pharmaceutical Industries Ltd. urged a New Jersey federal judge Friday to dismiss claims by indirect purchasers of GSK's epilepsy drug Lamictal accusing the companies of entering a pay-for-delay settlement that was unlawful and anti-competitive.

The drugmakers said their deal, settling a patent infringement suit GSK filed against Teva over its attempt to produce a generic form of the anti-seizure medication, did not run afoul of antitrust laws because, contrary to the indirect purchasers' allegations, the settlement included no "reverse payment" from the patentee to the alleged infringer to keep a generic off the market.

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