Loestrin Buyers Teed Up For Appeal In Pay-For-Delay Suit

Law360, New York (February 18, 2015, 4:34 PM EST) -- A Rhode Island judge on Tuesday cleared the way for Loestrin buyers to appeal the dismissal of their pay-for-delay claims against Warner Chilcott PLC, which would see another circuit court forced to decide whether patent settlements must include cash payments to face antitrust scrutiny.

U.S. District Judge William E. Smith signed off on a mixture of final judgments and stays in a series of antitrust suits brought by pharmacies, health plans and drug cooperatives challenging Hatch-Waxman Act settlements Warner Chilcott inked with generic-drug makers Watson Pharmaceuticals Inc. and Lupin Pharmaceuticals Inc. over the oral contraceptive.

The result is that the putative...

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