“Pay for delay” schemes increasingly involving means other than cash

Businessman with money handshaking with doctor isolated on white background

Ever since the US Supreme Court ruled that “pay for delay” schemes could involve means other than cash, there has been a rash of anti-trust lawsuits. But in recent years, a number of companies have tried to avoid using cash as a way to try and avoid anti-trust lawsuits. For example, in an anti-trust case involving Teva and GSK, GSK had agreed to let Teva sell a generic chewable before the GSK patent expired as a form of “payment.”


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