3rd Circ. Ruling Isn't Last Word On Noncash Pay-For-Delay

Law360, New York (June 26, 2015, 8:37 PM EDT) -- The Third Circuit answered the initial question Friday of whether pay-for-delay deals have to include cash to face antitrust scrutiny when it revived a class action over a brand's promise not to launch an authorized generic, but attorneys say it's far from clear that pharmaceutical patent settlements using other alternatives to cash payouts would have the same fate.

In a unanimous decision, a three-judge panel overturned the dismissal of an antitrust suit challenging a Hatch-Waxman Act settlement GlaxoSmithKline PLC signed with Teva Pharmaceutical Industries Ltd. over...
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