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Patent Settlements Blocking Authorized Generics May Get US Supreme Court Review

This article was originally published in SRA

Executive Summary

GlaxoSmithKline PLC and Teva Pharmaceutical Industries Ltd. are urging the US Supreme Court to clarify that its 2013 opinion on reverse payment settlements does not cover agreements in which the brand name drug maker promises not to launch an authorized generic1. Their prospects for getting a review are not especially strong, however, even though the topic is increasingly urgent for the pharmaceutical industry; in the three years since the original decision, only one appeals court has addressed the issue2.

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