Pay-for-Delay Circuit Split Continues; 31 States File Amicus Brief Arguing Pay-For-Delay is Presumptively Unlawful
Earlier this year, in the case In re K-Dur, the Court of Appeals for the Third Circuit found that reverse settlement agreements, also known as “pay-for delay” arrangements, were prima facie evidence of anticompetitive behavior. The court noted that the presumption that such payments are unreasonable restraints of trade can be rebutted by a showing that the payment either offered a pro-competitive benefit or that the payment was for a purpose other than delayed entry into the market of generics. Continue Reading