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3rd Circ. Says Cash Not Key For Pay-For-Delay Suits

Law360, New York (June 26, 2015, 11:24 AM EDT) -- The Third Circuit ruled Friday that pharmaceutical patent settlements do not need to come in the form of a cash payout from a brand to a generic to face antitrust scrutiny as pay-for-delay agreements under U.S. Supreme Court precedent.

A three-judge panel overturned the dismissal of an antitrust suit by Louisiana Wholesale Drug Co. Inc. and King Drug Co. of Florence Inc. challenging a Hatch-Waxman Act settlement GlaxoSmithKline PLC signed with Teva Pharmaceutical Industries Ltd.

The plaintiffs maintained that GSK paid off Teva to delay launching...
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