3rd Circ. Could Up Ante For Buyers In Pay-For-Delay Cases

By Eric Kroh (May 18, 2017, 6:15 PM EDT) -- The Third Circuit will hear oral arguments Friday in a pair of pay-for-delay cases over the drugs Lipitor and Effexor that could heighten the standard needed to allege that agreements to settle pharmaceutical patent dispute litigation constitute so-called reverse payments that run afoul of antitrust law.

The appeals court will consider two cases in which drug buyers assert that Pfizer Inc. and Ranbaxy Laboratories Inc., in the Lipitor case, and Wyeth Inc. and Teva Pharmaceutical Industries Ltd., in the Effexor case, penned settlement agreements that unlawfully delayed generic competition for the drugs.

The same New Jersey federal judge dismissed both cases...

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