Circuit Split Watch: A division over deals to delay generic drugs

, The National Law Journal

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When a drug company pays a manufacturer to delay launching a generic, is it the act of an illegal monopoly or merely a settlement benefiting both parties? The U.S. Court of Appeals for the 3rd Circuit recently ruled on these so-called "pay-for-delay" deals, splitting from three other circuits. If not revised en banc, the decision could attract Supreme Court scrutiny.

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