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Perspective

Jun. 22, 2013

Justices say pay-for-delay deals with generic drug makers subject to antitrust 'rule of reason'

Those expecting the Supreme Court to give a thumbs-up or thumbs-down to these controversial agreements were disappointed. By Paolo Morante and Jarod M. Bona


By Paolo Morante and Jarod M. Bona


Have you ever sought clarification only to receive a response that created more questions than answers? That is what happened to the litigants in the Supreme Court's most recent antitrust decision, which addressed reverse-payment settlement agreements of pharmaceutical intellectual property litigation.


In Federal Trade Commission v. Actavis, 2013 DJDAR 7655 (June 17, 2013), the Supreme Court held 5-3 that ...

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