Decision Imminent in Tamoxifen Petition on AstraZeneca, Barr Settlement

According to this article in yesterday's Legal Times, the Supreme Court may decide as early as next Monday whether or not to grant certiorari in In Re: Tamoxifen Citrate Antitrust Litigation, the latest "reverse payment" settlement case to be presented to the Court.

In the case, patients, health insurance companies, and consumer advocacy groups are challenging the legality of a patent litigation settlement that included a $21 million payment from AstraZeneca (AZN) to Barr Labs (BRL) and an agreement by Barr to delay marketing its generic tamoxifen product until Astra's patent expired. Tamoxifen, a treatment for breast cancer, is the most widely prescribed cancer drug in the world.

Last year, the Court denied certiorari in a similar case, FTC v. Schering (SGP). There, the Court asked for the views of the Solicitor General, who recommended denying cert. At the time, the Solicitor General suggested that the Tamoxifen case might present a better vehicle for addressing the issue of reverse payment settlements. The Court has not yet asked the Solicitor General to submit an amicus brief in Tamoxifen, but that remains a possibility.