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US: Economists oppose pay-for-delay challenge in Supreme Court

By  |  March 4, 2013

A group of economist has entered the scene within the Supreme Court and the current case made by the Federal Trade Commission against the so-called pay-for-delay deals in which brand-name drug makers pay their generic counterparts to stay off the shelves for some time. An amicus brief was filed last Friday on behalf of the economists arguing that the FTC does not present sufficient economic evidence to back its claims that pay-for-delay deals hurt consumers. Additionally, the economists are claiming the FTC’s definition of pay-for-delay, or reverse payments, is too broad, and that reverse payments are economically the same as other patent settlements in other markets.

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