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US Third Circuit Lamictal ruling a setback for reverse-payment defendants

Plaintiffs’ attorneys say the US Third Circuit Court of Appeals decision returning the Lamictal reverse-payment case to trial court is an important landmark in their attempt to challenge drug brand-makers’ deals to delay market entry of generic competitors.

Steve Shadowen of Hilliard & Shadowen, who briefed the case as a friend of the court for the American Antitrust Institute and others, told PaRR that this is “a significant decision that rejects nearly every argument that defendants have made” since the US Supreme Court (SCOTUS) decided Federal Trade Commission (FTC) v Actavis in June 2013.