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Second Circuit declines to hear appeal in Aggrenox reverse-payment case

( September 16, 2015, 22:45 GMT | Official Statement) -- MLex Summary: The US Court of Appeals for the Second Circuit has denied an interlocutory appeal by Barr Pharmaceuticals and other defendants accused of illegally delaying generic entry of the drug Aggrenox. US District Judge Stefan R. Underhill certified the issue for an appeal, saying more guidance from the appeals court on the substantive standard to apply to reverse-payment cases would be useful. "We appreciate that appellate elucidation of an applicable standard in advance of trial might assist in limiting the duration of a trial in a complex matter," the court said. "Nevertheless, we think the better practice, especially in an emerging area of the law such as antitrust challenges to reverse payment settlements, is to leave it to the parties in the first instance to present the evidence they believe is needed to prove and counter the claim of unlawfulness."...

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