The patentholder, in turn, must sue to protect its patent within 45 days, lodging the dispute firmly in the courts.
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2.
The Sixth thinks any agreement between a patentholder and a generic producer is a restraint of trade and per se illegal.
FORBES: Cipro "Pay-To-Delay" Case Is Ideal Supreme Court Fodder
3.
Courts that have upheld pay-to-delay deals have found that they merely leave the patentholder where he was before with a government-enforced monopoly until the patent expires.
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