3rd Circuit Will Not Stay Mandate In Reverse-Payment Settlements Case

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Aug. 17 denied drug makers' motion to stay the mandate pending the filing of a petition for a writ of certiorari in the U.S. Supreme Court in a case in which the appeals court ruled that settlements involving a reverse payment from a name-brand manufacturer to a generic challenger to delay the entry date for marketing a generic drug are subject to the rule-of-reason test and not the scope-of-the-patent test trade (In Re: K-Dur Antitrust Litigation $(Appeals of Louisiana Wholesale Drug Co., Inc., et al., No. 10-2077; CVS Pharmacy Inc., et al., No. 2078; Walgreen Co., et al., No. 10-2079; Merck & Co., Inc., et al., No. 10-4571$), 3rd Cir.).  View related prior history 2012 U.S. App. LEXIS 14527.

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