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May 05, 2011


patent litigation

I keep predicting the imminent demise of pay-for-delay patent litigation settlements, especially since the FTC has had it in for reverse-payment deals for quite some time. But somehow they continue to survive. They most recently received a boon from Chief Justice Roberts's pro-big-business U.S. Supreme Court, which refused to grant cert on the Bayer case. Maybe involvement of the EU (whose antitrust regulators are currently investigating the Cephalon/Teva deal) will add weight to the FTC's position and pressure the U.S. courts or Congress into taking action against pay-for-delay arrangements.

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