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Compromise On “Pay For Delay”? Supreme Court Hunts for Middle Ground

This article was originally published in RPM Report

Executive Summary

During Supreme Court oral arguments in the AndroGel pay-for-delay case, the government and drug manufacturers each pushed for a one-size-fits-all antitrust interpretation of brand-generic reverse payment settlements. But the most likely outcome will probably fall somewhere in the middle: allowing the deals to continue, but with additional scrutiny to ensure they are not anticompetitive.

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