Servier: Europe's Second Outing on "Pay-for-Delay"- Are the Mists Clearing?
12 PM EDT
Pay-for-delay just got more complex. In Servier, the Court nixes the EU's market definition – declining to find a molecule wide market – and nuances an absolutest stance on per se illegality. It sets a high bar for justifying reverse payments. Pure cash and "sweetheart" distribution deals are out. But authorized generics and paid IP transfers can be benign. While far from the US' rich seam of cases, Europe's second outing provides surprises, and some clarity, for enforcers and practitioners.