DOJ: "Pay-to-delay" drug agreements should be illegal

07/7/2009 | Wall Street Journal, The

Patent settlements involving "pay-to-delay" agreements between brand-name drugmakers and generics companies should be deemed unlawful, the Justice Department Antitrust Division said in a court filing. The agency's comment is in response to a lawsuit against Bayer and Barr Pharmaceuticals, which ended a patent dispute through a deal delaying the launch of a version of antibiotic Cipro.

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