Leave it to an already unpredictable Supreme Court to confuse Court watchers, like ESH.
Now, the Supremes are hinting in their current hearings that parties may be allowed to sue Big Pharma companies that have been using the old time tactic of “pay to play” to delay new generics coming to market.
How? By paying potential filers of ANDAs to the FDA, that’s how. It’s a quid pro quo as old as gangsterism is in Chicago.
Justice Anthony Kennedy, often seen as the court’s swing vote, suggested that brand-name drugmakers at least shouldn’t be allowed to pay generic companies more than the generic companies could expect to get by winning patent litigation.
Don’t worry, Big Pharma. We likely won’t hear the Supremes decision before the end of June. Around the time they rule on so-called sodomite “marriages” that make sport of the basic fabric of civilized society, even if the West is de facto post-Christian.