Pay-for-delay – Payment Settlements in Paragraph IV Hatch-Waxman Disputes

Financier Worldwide Magazine
April 2012

Settlements in pharmaceutical patent litigations have become the subject of substantial controversy. So-called “reverse-payment” settlements – agreements on a future date of generic launch in exchange for payment to the generic company accused of patent infringement – have been criticized as having potential anti-competitive effects. This article discusses the state of the law concerning the legality of such settlements prior to the Third Circuit’s ruling in In re K-Dur Antitrust Litigation.

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