9th Circ. Kills Challenge To Calif. Pay-For-Delay Law
Law360 (July 24, 2020, 9:45 PM EDT) — Nobody is in danger of being irreparably harmed by California’s new law banning most so-called pay-for-delay deals, the Ninth Circuit said Friday in a ruling that zapped a generic-drug industry association’s challenge to the statute.
The panel said the Association for Accessible Medicines had failed to prove that it or any of its members were at substantial risk of suffering any harm that was “concrete, particularized, and imminent” due to the law.
None of the group’s members have even gone on the record to say they were planning to engage in a pay-for-delay deal blocked by the law.
“At most, AAM’s…