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The practice is dubbed "pay to delay," or "reverse settlement." It happens when a brand-name drug company gives a generic challenger a lot of money, and the generic company agrees to keep its product off the market for a set number of years. These settlements are controversial but have been perfectly legal. Several federal appellate circuits have blessed the practice, and the DOJ under President Bush also supported it. But now, the Justice Department under President Obama is switching sides.
July 08, 2009 at 12:00 AM
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The original version of this story was published on Law.Com
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