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Cross Comments on Supreme Court’s ‘Pay-For-Delay’ Decision

The U.S. Supreme Court today ruled on June 17, 2013, on FTC v. Actavis, Inc., deciding that pay-for-delay agreements between branded and generic pharmaceuticals manufacturers are subject to antitrust litigation. Jeffery Cross, a Partner in the Antitrust and Trade Regulation Group, offered commentary on the impact of the decision on the pharmaceutical industry, as well as on hospitals and consumers of generic drugs. His comments appear in articles published on June 17, 2013, including “Supreme court says FTC can sue over deals that delay generic drug sales” (Thomson Reuters), "Supreme Court rules, 5-3, in favor of FTC's ongoing litigation over 'pay-for-delay' patent settlements" (Pharmaceutical Commerce), “Supreme Court Rules ‘Pay for Delay’ Deals Vulnerable to Antitrust Laws” (Becker’s Hospital Review) and “Lawyers Comment on High Court’s Pay-For-Delay Decision” (Law360).

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