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3rd Circ. Lipitor Ruling Smooths Way In Pay-For-Delay Suits

Law360, Fort Wayne (August 30, 2017, 5:57 PM EDT) -- The Third Circuit recently revived a suit accusing pharmaceutical companies of delaying generic competition for Lipitor and Effexor XR, a decision that will bolster drug buyers in pay-for-delay cases by beating down the specter of higher hurdles against bringing the suits.

In last week's decision, the appeals court said the buyers had adequately pled that Pfizer Inc. and Ranbaxy Laboratories Inc., in the Lipitor case, and Wyeth Inc. and Teva Pharmaceutical Industries Ltd., in the Effexor case, penned patent dispute settlement agreements that unlawfully delayed generic...
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