The Supreme Court acted with faster-than-expected speed, granting a petition to review an Eleventh Circuit decision upholding a “pay for delay” agreement (also called a “reverse payment” agreement),[1] which involves the patented drug AndroGel®, against an antitrust attack. As reported in Bloomberg.com, “Companies have struck more than 100 […]
In our July 23 post, we covered the Eleventh Circuit’s denial of a petition for a rehearing filed by the Federal Trade Commission (“FTC”), in which the Eleventh Circuit let stand its earlier rejection of the FTC’s challenge that a “pay for delay” agreement (also called a “reverse payment” agreement)[1] violated antitrust laws. In […]
On July 18, 2012, the U.S. Court of Appeals for the Eleventh Circuit issued an order denying a petition for rehearing an appeal by the Federal Trade Commission (“FTC”) concerning a “pay for delay agreement” between brand-name licensee Solvay Pharmaceuticals, Inc. (“Solvay”) and generic drug makers Watson Pharmaceuticals, Inc. […]
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