US court claims against Cephalon and Generic Drugmakers survive | Practical Law

US court claims against Cephalon and Generic Drugmakers survive | Practical Law

On 29 March 2010, a federal judge denied the motions of Cephalon and several generic drugmakers to dismiss federal antitrust claims alleging that Cephalon's reverse payment settlements with generic drugmakers anti-competitively delayed generic drug entry. The court rejected a per se analysis and noted that the proper standard for evaluating reverse payment settlements is whether the settlements grant rights beyond the scope of the patents.

US court claims against Cephalon and Generic Drugmakers survive

Practical Law UK Legal Update 1-502-1233 (Approx. 3 pages)

US court claims against Cephalon and Generic Drugmakers survive

by Practical Law
Law stated as at 29 Mar 2010USA (National/Federal)
On 29 March 2010, a federal judge denied the motions of Cephalon and several generic drugmakers to dismiss federal antitrust claims alleging that Cephalon's reverse payment settlements with generic drugmakers anti-competitively delayed generic drug entry. The court rejected a per se analysis and noted that the proper standard for evaluating reverse payment settlements is whether the settlements grant rights beyond the scope of the patents.