Impax Wants High Court To Undo 5th Circ. Loss To FTC

By Nadia Dreid (September 15, 2021, 8:43 PM EDT) -- Impax Laboratories wants the U.S. Supreme Court to wade into its antitrust fight with the Federal Trade Commission over reverse payment deals and hopefully undo the loss the Fifth Circuit handed it earlier this year.

Specifically, generic drugmaker Impax said Friday it wants the high court to answer two questions: whether courts dealing with antitrust fights over patent settlements can "disregard evidence of the strength of the patents at issue" and whether reverse payments that don't result in a net savings for the patentee are illegal.

And the pharmaceutical giant says that while the Fifth Circuit "paid lip service to the...

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