Forest laboratories urges US judge to dismiss Bystolic pay-for-delay lawsuit
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An article for MLex discusses the Firm's representation of Forest Laboratories in a lawsuit accusing the company of striking illegal pay-for-delay patent settlements with other drugmakers to delay the market entry of generic versions of beta blocker Bystolic.
During a hearing at the US District Court for the Southern District of New York, White & Case partner Eric Grannon argued the motion to dismiss on behalf of Forest and numerous other pharmaceutical company defendants. Eric's argument focused on the 2013 US Supreme Court ruling in FTC v. Actavis, Inc., in which he previously served as counsel of record before the Supreme Court for two pharmaceutical company defendants.
He said, "The justices had said that only payments that were ‘large and unjustified’ would break antitrust law. Here, the payments were neither large nor unjustified."
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