KEI files amicus brief in pay-for-delay case; SCOTUS to resolve circuit split on legality of reverse payment settlements
On Monday, 28 January 2013, KEI filed an amicus brief to the Supreme Court of the United States in the case Federal Trade Commission v. Watson Pharmaceuticals**. The case involves a question of whether pay-for-delay settlement agreements, also known as reverse payments (where a branded pharmaceutical company will pay a generic firm to stay off the market for a certain period of time), are per se legal or whether they are presumptively anticompetitive. Continue Reading