Panel Predicts High Court Will Take Middle Ground on Pay for Delay
Thomson Reuters News & Insight
M. Miller Baker, Jeffrey Brennan, Glenn Engelmann and William Gaede participated in a McDermott webinar panel concerning US Supreme Court oral arguments on the FTC v. Acavis case, in which the FTC opposes patent litigation settlements between brand and generic drug companies. The panelists agreed that the high court would likely reject the FTC's position while requiring district judges to consider the circumstances of each case. Mr. Gaede said the judges are well equipped for that task, but Mr. Engelmann said it would not give drug makers much guidance and Mr. Brennan predicted continued FTC opposition to settlements.