In the latest on the Pay-to-Delay issue, 32 State Attorney General's offices have banded together to file an amicus brief urging the US Supreme Court to review these deals. This comes only a few weeks after three major pharmacy chains and a wholesaler filed a similar request.
The Federal Trade Commission has also been a strong detractor of these pay-for-delay deals, calling them anti-competitive, and asking the Congress to restrict them via legislation. The AG's offices say that the rapid rise in the number of pay-for-delay deals threatens to block generic competition and is contrary to the intent of the Hatch-Waxman Act to promote strong generic competition.
As I've stated before, I think the high Court needs to hear the case and make a ruling that will bring consistency to this area. Several lower courts have ruled in contradictory fashion and this is no good regardless of what side of the issue you fall on. I'd like to see the deals limited in their scope and frequency too.
Posted by Bruce Lehr Jan 13th 2011.