September 23, 2015
The Third Circuit on Wednesday refused to reconsider, either by a panel or en banc, a ruling reviving an antitrust class action claiming GlaxoSmithKline PLC paid off Teva Pharmaceutical Industries Ltd. to delay its launch of generic Lamictal.
August 04, 2015
The Washington Legal Foundation asked the full Third Circuit Monday to review a ruling reviving an antitrust class action claiming GlaxoSmithKline PLC paid off Teva Pharmaceutical Industries Ltd. to delay its launch of generic Lamictal, arguing the decision was a major expansion of antitrust law.
July 27, 2015
GlaxoSmithKline PLC asked the full Third Circuit on Monday to review a panel ruling reviving an antitrust class action accusing the drugmaker of paying off Teva Pharmaceutical Industries Ltd. to delay launching generic Lamictal, saying it only gave Teva an exclusive license permitted under the patent laws.
June 26, 2015
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.
June 26, 2015
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.
November 19, 2014
A Third Circuit panel was urged during oral arguments on Wednesday to find that a patent settlement between GlaxoSmithKline LLC and Teva Pharmaceutical Industries Ltd. postponing production of a generic epilepsy drug fell under the ambit of a U.S. Supreme Court ruling allowing antitrust scrutiny of pay-for-delay deals.
November 17, 2014
The Third Circuit on Wednesday will become the first court of appeals to take on a pay-for-delay case since the U.S. Supreme Court ruled the pharmaceutical patent settlements could face antitrust scrutiny, weighing the key question of whether generic-drug makers must receive cash for a deal to count as a reverse payment.
November 03, 2014
The Third Circuit on Friday agreed to allow the Federal Trade Commission to participate in oral arguments for a class of direct purchasers in a case over whether the U.S. Supreme Court's recent pay-for-delay ruling applies to no-authorized-generic settlements amid a class action case over GlaxoSmithKline PLC's Lamictal.
October 29, 2014
Teva Pharmaceutical Industries Ltd. urged the Third Circuit on Tuesday not to revive a suit over a no-authorized-generic deal between the company and GlaxoSmithKline PLC regarding Lamictal, claiming that dismissals in other antitrust cases support the notion that the U.S. Supreme Court's Actavis ruling has limited reach.
July 28, 2014
GlaxoSmithKline PLC and Teva Pharmaceutical Industries Ltd. on Friday urged the Third Circuit to reject the Federal Trade Commission's request to participate in oral arguments in the Lamictal pay-for-delay litigation, saying the antitrust watchdog was not the "independent" observer it claimed to be.