Barr

05/11/2015

Pay-for-Delay Lawsuits Strengthened by CA Supreme Court Opinion

Pay For Delay Drug Litigation

Audet & Partners, LLP reports that the California Supreme Court has issued an opinion which may leave large pharmaceutical companies vulnerable to antitrust challenges arising out of patent litigation settlements that effectively stifle competition in the pharmaceutical marketplace.  In these "pay-for-delay" lawsuits, manufacturers have been sued by consumers claiming that drug companies paid off smaller generic manufacturers as a way to keep lower-cost generics off the market.  In so doing, the larger companies have been able to maintain higher prices... Read More