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Drugmakers Defend No-Cash Patent Deals Post-Actavis

Law360, New York (January 30, 2014, 3:41 PM EST) -- Drugmakers are scrambling to limit the scope of the U.S. Supreme Court's landmark antitrust decision in Federal Trade Commission v. Actavis, arguing with mixed results that the ruling only requires extra scrutiny of deals to delay generic competition if money changed hands.

A ruling out of New Jersey federal court last week represented an early victory for the pharmaceutical industry, but judges elsewhere have hinted that they may take a broader view of last year's Actavis decision. Experts see extensive litigation ahead, with the outcomes dramatically shaping the structure of settlements between brand-name and generic-drug makers.

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