3rd Circ. To Decide If Reverse Payments Must Be Cash

Law360, New York (November 17, 2014, 4:19 PM EST) -- The Third Circuit on Wednesday will become the first court of appeals to take on a pay-for-delay case since the U.S. Supreme Court ruled the pharmaceutical patent settlements could face antitrust scrutiny, weighing the key question of whether generic-drug makers must receive cash for a deal to count as a reverse payment.

A three-judge panel is set to hear arguments over whether a New Jersey district court correctly concluded that the justices were only talking about cash settlements when they opened the door to antitrust challenges...
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