Fiscal Cliff 'Plan B' Is Dead: Now What?

The defeat of his Plan B - Republicans pulled it when it became clear it would be voted down - is a big defeat for Speaker of the House John Boehner. It demonstrates definitively that there is no fiscal cliff deal that can pass the House on Republican votes alone.
Boehner could not even muster the votes to pass something that would only allow tax rates on those making more than $1 million to go up.
Boehner's Plan B ran into opposition from conservative and tea party groups -including Heritage Action, Freedom Works and the Club for Growth - but it became impossible to pass it after Senate Democrats vowed not to take up the bill and the president threatened to veto it. Conservative Republicans saw no reason to vote for a bill conservative activists opposed - especially if it had no hopes of going anywhere anyway.
Plan B is dead.
Now what?
House Republicans say it is now up to the Senate to act. Senate Democrats say it is now up to Boehner to reach an agreement with President Obama.
Each side is saying the other must move.
The bottom line: The only plausible solution is for President Obama and Speaker Boehner to do what they have failed repeatedly to do: come up with a truly bi-partisan deal.
The prospects look grimmer than ever. It will be interesting to see if the markets react.
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US home sales rise 2.1 percent in October

WASHINGTON (AP) — U.S. sales of previously occupied homes rose solidly in October, helped by improvement in the job market and record-low mortgage rates.

The increase along with a jump in homebuilder confidence this month suggests the housing market continues to recover.

The National Association of Realtors said Monday that sales rose 2.1 percent to a seasonally adjusted annual rate of 4.79 million. That's up from 4.69 million in September, which was revised lower.

The sales pace is roughly 11 percent higher than a year ago. But it remains below the more than 5.5 million that economists consider consistent with a healthy market.

As the economy slowly recovers, more people have started looking to buy homes or rent apartments. Prices are steadily climbing, while mortgage rates have been low all year. At the same time, rents are rising, making the purchase of a single-family home or condominium more attractive.

"Altogether, the report is encouraging," said Michael Gapen, an economist at Barclays Capital. "Our view is that housing is in a recovery phase," he added, though it will be restrained by limited credit and modest job gains.

A separate report Monday showed confidence among homebuilders rose this month to its highest level in six and a half years. The increase was driven by strong demand for newly built homes and growing optimism about conditions next year.

The National Association of Home Builders/Wells Fargo builder sentiment index increased to 46, up from 41 in October. Readings below 50 suggest negative sentiment about the housing market. The index last reached that level in April 2006. Still, the index has been trending higher since October 2011, when it stood at 17.

The Realtors' group said Superstorm Sandy delayed some sales of previously occupied homes in the Northeast. Sales fell 1.7 percent there, the only region to show a decline. Those sales will likely be completed in future months, the group said.

The median price for previously occupied homes increased 11.1 percent from a year ago to $178,600, the Realtors' said.

A decline in the number of homes available for sale is helping push prices higher. There were only 2.14 million homes available for sale at the end of the month, the lowest supply in 10 years. It would take only 5.4 months to exhaust that supply at the current sales pace. That's the lowest sales-to-inventory ratio since February 2006.

Prices are also benefiting from the mix of homes being sold. Sales of homes priced at $500,000 and above have jumped more than 40 percent in the past year. Sales of homes and condominiums that cost less than $100,000 fell 0.6 percent.

There have been other positive signals from the housing market. Applications for mortgage loans to buy homes jumped 11 percent in the week ended Nov. 9, compared with a week earlier, the Mortgage Bankers' Association said last week. Purchase applications are up 22 percent in the past year.

Foreclosures are slowing. The number of properties that began the foreclosure process in the first 10 months of the year fell 8 percent compared with the same period last year, RealtyTrac said last week.

And builders broke ground on new homes and apartments at the fastest pace in more than four years in September. The jump could help boost the economy and hiring.

Still, the market has a long way back to full health. Many potential home buyers cannot meet stricter lending standards or produce larger down payments required by banks.

That can be a particular problem for first-time homebuyers. They accounted for 31 percent of sales in October, down slightly from September and below the 40 percent that is common in a healthy market.

Federal Reserve Chairman Ben Bernanke said Thursday that banks' overly tight lending standards may be preventing sales and holding back the U.S. economy.
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US mortgage rates for past 52 weeks at a glance

Average U.S. mortgage rates were little changed this week, staying near their record lows.

Here's a look at rates for fixed and adjustable mortgages over the past 52 weeks:

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US rate on 30-year mortgage rises to 3.41 pct.

WASHINGTON (AP) — Average U.S. mortgage rates rose only slightly this week and continued to hover near record lows, a trend that has helped boost home sales and refinancing.

Mortgage buyer Freddie Mac said Thursday that the rate on the 30-year fixed mortgage edged up to 3.41 percent, from 3.37 last week. Three weeks ago, the rate touched 3.36 percent. That's the lowest level on records dating to 1971.

The average rate on the 15-year fixed mortgage, often used for refinancing, rose to 2.72 percent. That's up from last week's record low of 2.66 percent.

The rate on the 30-year loan has remained below 4 percent all year, helping drive a modest housing recovery. And rates have fallen even further since the Federal Reserve started buying mortgage bonds in September to try to encourage more borrowing and spending.

Home sales have increased from last year, and prices are rising more consistently in most areas. Builders are more confident and starting more homes. Lower rates have also persuaded more people to refinance. That typically leads to lower monthly mortgage payments and more spending.

This week brought more positive news on the housing front. U.S. sales of new homes jumped last month to the highest level in more than two years, the Commerce Department said Wednesday. And slightly more Americans signed contracts last month to buy homes, the National Association of Realtors reported Thursday.

Still, the housing market has a long way to a full recovery. And many people are unable to take advantage of the low rates, either because they can't qualify for stricter lending rules or they lack the money to meet larger down payment requirements.

To calculate average mortgage rates, Freddie Mac surveys lenders across the country on Monday through Wednesday of each week.

The average doesn't include extra fees, known as points, which most borrowers must pay to get the lowest rates. One point equals 1 percent of the loan amount.

The average fee for 30-year loans was 0.7 point, unchanged from last week. The fee for 15-year loans also held steady, at 0.6 point.

The average rate on a one-year adjustable-rate mortgage slipped to 2.59 percent from 2.60 percent. The fee for one-year adjustable rate loans remained at 0.4 point.

The average rate on a five-year adjustable-rate mortgage was unchanged at 2.75 percent. The fee also was unchanged, at 0.6 point.

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Analysis: Mortgage demand too much for U.S. banks, who respond slowly

(Reuters) - Big U.S. banks are hiring mortgage bankers to meet a surge in demand for home loans and refinancings, but they are still struggling to process applications, which could undermine the Federal Reserve's attempts to stimulate the economy.

Since the Fed announced its plan in September to buy up to $40 billion of mortgages a month, consumer mortgage rates have fallen more slowly and by less than they would have done in more normal times.

On average, 30-year home loan rates are down just 0.18 of a percentage point this week from September 13, when the Fed announced its latest stimulus program. Some analysts estimate that in more normal markets, rates would have fallen by roughly 0.31 of a percentage point or more. That could save a home buyer thousands of dollars over the lifetime of a mortgage.

The dysfunction in the mortgage market, which has yet to fully recover after its battering in the U.S. housing bust and subsequent financial crisis, means most benefits from the Fed's new stimulus plan may be accruing to banks instead of consumers.

Banks still committed to the home loan business are hiring to meet increased demand, but fewer banks are committed to the business after the 2007-2009 mortgage crisis pulverized some of the biggest lenders in the United States and wounded many others.

Capacity constraints work in the banks' favor. Profit margins for home lending are more than double their usual level, JPMorgan Chief Executive Jamie Dimon told investors last Friday. The major U.S. banks, including JPMorgan Chase & Co, Wells Fargo & Co and Citigroup Inc, all said mortgage operations boosted third-quarter profits.

Lenders making mortgages say they do not want to hire too many staffers only to lay them off when volume declines. The Mortgage Bankers Association estimates that banks will make $1.47 trillion of home loans this year for home purchases and refinancings, but then just $1.04 trillion in 2013, a decline of nearly a third.

"We are trying to ... not over hire," Andy Cecere, chief financial officer at U.S. Bancorp, said in an interview on Wednesday.

Top U.S. mortgage lender Wells Fargo added about 2,000 people in the third quarter as volume surged. Chief Financial Officer Tim Sloan said in an interview the bank is responding to the impact of the Fed's plan. Chase has increased its number of loan officers by 23 percent over the last year, and expects to keep hiring aggressively, said Kevin Watters, head of mortgage originations at JP Morgan Chase.

But mortgage applications are also jumping, rising nearly 17 percent in the week ended September 28. With demand that strong and no staffers to handle extra business, banks have little reason to cut rates much. In a speech on Monday, New York Federal Reserve President William Dudley acknowledged that difficulty, noting the Fed's efforts to stimulate the economy in recent years would have had a bigger economic impact if consumer mortgage rates were falling more.

Bank staffing issues are a headache for mortgage applicants already struggling with tough appraisals and wary lenders. Many borrowers tell Kafka-esque stories of bureaucracy, where what used to be a 30- to 60-day process has stretched to 90 days or more.

PROFIT BONANZA

The mortgage business has grown much more concentrated. The top two mortgage lenders made 14 percent of mortgage loans in 2000, 29 percent of mortgages in 2006, and 44 percent in the first half of 2012, according to Inside Mortgage Finance data.

Wells Fargo and JPMorgan Chase are the top two lenders now, and their predecessor companies were the top in 2000.

In 2006, Countrywide Financial Corp - now owned by Bank of America Corp - and Wells were the top. Bank of America last year stopped buying loans from other banks after suffering billions of dollars of losses from its exposure to home loans, which has cut its volume in half and limited smaller banks' capacity to lend.

Bankers are unsure how long the refinancing bonanza will last.

JPMorgan Chase CEO Dimon told investors the mortgage boom will continue "next quarter, maybe for a couple of quarters after that but it won't last for that much longer."

Citigroup Chief Financial Officer John Gerspach told investors on Monday that figuring out how long the refinancing boom will last is "one of the big questions facing a lot of institutions at this point in time."

Smaller banks are struggling with the same questions.

Matt Williams, president of Gothenburg State Bank in Gothenburg, Nebraska, and incoming chairman of the American Bankers Association, said his bank was not adding staff even though its 28 employees were "stressed to the max right now."

Williams said his bank, with $125 million in assets, expects rates eventually will go up, cutting demand for refinancing.

Mortgage demand was rising even before the Fed announced its latest plan to buy home loans, but that announcement immediately lowered bank funding costs. The effect on bank revenues will take longer to show up, because it takes months to process and close mortgage applications.

For consumers, capacity constraints among mortgage lenders mean rates are not falling as much as they theoretically could.

The average 30-year consumer mortgage rate was 3.37 percent, Freddie Mac said on Thursday - about 1.13 percentage points higher than rates investors in mortgage bonds would accept, as measured by the "secondary rate" for mortgages guaranteed by Fannie Mae.

In the second half of 2011, the gap between consumer mortgage rates and the secondary rate averaged closer to about 0.9 percentage point, suggesting lenders could cut rates another 0.23 point. However, Freddie Mac and Fannie Mae boosted fees for guarantees by 0.1 of a percentage point in August, meaning the difference may be only about 0.13 of a percentage point.
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New exhibition explores our love and hate of money

NEW YORK (Reuters) - How does money make you feel? Fearful, stressed, happy?

U.S. financial guru Suze Orman has teamed with the producer of the popular Body Worlds exhibits for a new traveling show to look at how we relate to and understand money.

Orman, media star and author of best-selling books on personal finance, described the finance-themed exhibit as "an extension of my life's work as a financial educator, and an innovative way to teach people about money".

The interactive, multi-media exhibit, "Economia: Money Matters," will begin a five-year, nationwide tour in the fall of next year, starting in Chicago. The admission-charging show will move on to other venues that include science and natural history museums.

Gail Vida Hamburg, who designed and developed the exhibition, said she hit on the idea several years ago.

"I found a study about worry, stress and depression and their links to money or rather the lack of money ... I realized that I could synthesize all of this information into a designed exhibition with multimedia and interactives (displays)," said Hamburg, who designed the Body Worlds traveling exhibition of preserved human corpses that has toured Europe, North America and Asia.

The Money Matters exhibit spans 7,000 square feet with galleries on phases of life ranging from College Road to Third Phase, or retirement. It aims to meet national and state financial literacy goals for children and adults.

Hamburg, who founded museum exhibit firm Rainworks Omnimedia in 2010, believes the show's appeal is universal because money is something that everyone has a relationship with throughout life.

Orman has described the show as a walk through the life of money, and the effect it can have on you.

"It will be entertaining," she said in a statement, "and when you're having fun learning, the lessons stay with you."

Hamburg said she addressed finance's fear factor by engaging people with various exhibits and displays.

"How do you make it easy for visitors to understand the power of compounding?" she asked, adding that it has traditionally been taught with graphs or charts or calculators.

She decided to approach it differently using visitor prompts, and entry into a computer terminal and to show the results through the growth of actual physical objects.

"We should all be so smart with money and channel our inner Suze Orman. But we're not and we don't. Unless you're an MBA or an economist or a freak, you don't want to read about SEP-IRA or social security or student loan interest rates."

The goal of the exhibition "is to give visitors the tools and resources for financial self actualization," she added.
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Oregon Teen Loses Legs to Mystery Illness

An Oregon teen has lost both her legs to a mysterious infection, leaving doctors searching for answers.

Tabitha Schulke, an 18-year-old woman who wanted to devote her future to helping others as a missionary, is now fighting for her life in the critical care unit of a Portland Hospital.

The teen first started feeling ill on Thanksgiving morning, when she came down with flu-like symptoms, but in a strange turn of events, she quickly developed gangrene on her feet.

"They looked like she'd been out in the snow, like they turned black," Katie Zimmerman, the teen's aunt, told ABC News affiliate KATU.

The teen was taken to a nearby hospital, but her condition quickly worsened to the point that doctors felt there was little else to be done to save her.

"They told the family that she was going to die, that you need to come say goodbye," said Amber Shoebridge, public relations officer at Legacy Emanuel Medical Center, where the teen would later be transferred.

In a last-ditch effort, the hospital contacted Legacy Emanuel, requesting that they send an emergency team to set up "extracorporeal membrane oxygenation," technology that provides support to patients whose heart and lungs are so severely damaged that they no longer function properly.
PHOTO: Tabitha Schulke, 18, lost her legs to a mystery infection.
KATU
Tabitha Schulke, 18, lost her legs to a... View Full Size
PHOTO: Tabitha Schulke, 18, lost her legs to a mystery infection.
KATU
Tabitha Schulke, 18, lost her legs to a mystery infection.
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But the gangrene continued to spread, forcing surgeons to amputate her legs near each knee.

Doctors still do not know what exactly has transformed Schulke from a healthy-appearing young teen into a critically ill patient fighting for her life.

Photographs of her, bruised and swollen, breathing from a ventilator appear nothing like the beautiful young teen taken prior to that Thanksgiving morning.

Signs point to toxic shock syndrome, a disease with a 50 percent chance of survival caused by certain types of Staphylococcus bacteria. The syndrome can often initially look like a flu infection, but can quickly worsen with high fevers, dangerously low blood pressure and organ failure.

The rare condition is sometimes seen after superficial skin wounds become infected or when cloth is packed in the nose to stop a common nosebleed. And about half of all cases occur in menstruating women or women using barrier contraceptive devices, according to the New York City Bureau of Communicable Disease.

"I recommend that women use pads," said Dr. Philip Tierno, an expert on toxic shock syndrome and director of clinical microbiology and immunology at New York University's Langone Medical Center. "Or use tampons from the health food stores that are 100 percent pure cotton."

Lab studies will confirm whether Schulke's infection was caused by toxic shock.

Although Schulke is still in critical condition, hospital staff are hopeful that she'll recover.

"She's improving very much so. She's a little more responsive than she had been," said Shoebridge.

But family members are still devastated by what has happened to this young vibrant woman.

"She's beautiful on the outside, but she's even more beautiful on the inside," Schulke's aunt, Katie Zimmerman, told ABC affiliate KATU.

For the family, "just her surviving, that's all that matters," said Zimmerman.
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Relationship Ranch: Horses Help Couples Heal Broken Hearts

It's fascinating to watch a man trying to win back the love of his life by talking to a horse.

Horse therapy has been used for decades to help treat people with physical disabilities or learning disorders, but now they are also being used in an unconventional form of couples counseling.

Nancy Hamilton and Lottie Grimes are marriage therapists who run Relationship Ranch in Louisville, Colo. They are convinced that horses can help feuding couples make peace.

"You wouldn't think they would have any role in marriage therapy," Hamilton said. "But because horses are so exquisitely sensitive, they can help us determine what a couple is actually, really feeling."

For three weekends, "Nightline" followed one couple's last-ditch effort to save their crumbling relationship and attended their equine therapy sessions.

Justin and Lyz, both 30 and never married, have been together for nine years and have two sons. But lately, they said, the bickering and fighting at home got so bad that Justin reluctantly agreed to move out.

"We have piled problem on top of problem on top of problem for years," Lyz said. "Who knows what's at the bottom of that?"

Although he was skeptical about the healing powers of horses, he said he was willing to try just about anything to make his family whole again.
PHOTO: Horses are being used in an unconventional form of couples counseling at a Colorado ranch.
ABC News
Horses are being used in an unconventional... View Full Size
PHOTO: Horses are being used in an unconventional form of couples counseling at a Colorado ranch.
ABC News
Horses are being used in an unconventional form of couples counseling at a Colorado ranch.
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On their first day of therapy, the couple was introduced to the ranch's herd of horses. Justin was magnetically drawn to the newest and most aggressive horse, Danny, who came to the ranch after surviving a grizzly bear attack. Danny wasn't fitting in with the other horses, which hit home for Justin, who felt exiled from his own herd. Hamilton said horses can sense and read people's emotions.

"They're almost like a Rorschach projective test with a mane and a tail, where people can project onto them their feelings, their thoughts and their fears," she said.

Hamilton said she believes those fears can stem from what she called unresolved childhood wounds, which plague adult relationships. That was the case with Justin. When he was 9 years old, his sister was brutally murdered by an ex-boyfriend and young Justin saw the murder scene.

"He chased her down and cut her throat," he said. "We went back several days later and they hadn't cleaned anything up."

After working with Justin and Lyz, Hamilton said Lyz saw Justin as controlling, but those tendencies are rooted in his childhood trauma.

"Trauma survivors are very concerned with being able to control their present environment because they were not able to control their environment when they were traumatized," she said.

Hamilton had Justin go through a blind trust exercise with Danny to force Justin to surrender control to his partner. The goal was to expose Justin's old wounds. Hamilton instructed him to talk to Danny about what had happened when his sister was killed. Danny, the trauma-surviving horse, set the stage for a major breakthrough.

"It seemed so stupid at first, and then it was actually helpful," Justin said. "Therapeutic."

Watching Justin talk to the horse, Lyz said she never saw him so vulnerable. After the session, the two apologized for hurting each other.

Two weeks later, Justin went through a final exercise to fully cope with his past. In a pen, surrounded by the herd, Justin became 9 years old again. He was instructed to confront his absent father through a role-playing exercise, while Lyz acted as a stand-in for his dad.

"You abandoned all of us," he said aloud. "I had to be the man of the family and I think that you're a coward."
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NJ residents go home after toxic chemicals cleared

PAULSBORO, New Jersey (Reuters) - Residents of New Jersey evacuated after a freight train derailment last week spewed toxic vinyl chloride began returning home on Friday as tests of the air came back clean, a Coast Guard official said.

Exactly one week after a bridge collapsed, derailing seven of the 82 Conrail freight-train cars crossing the Mantua Creek in southern New Jersey, residents who were ordered out of more than 200 homes nearest the wreck were allowed back into their homes on Friday afternoon.

Coast Guard Captain Kathy Moore said air tests in Paulsboro showed no further evidence of vinyl chloride, which had leaked from a gash in one tanker that tumbled into the waterway that feeds into the Delaware River near Philadelphia.

At the time of the wreck, authorities said 12,000 gallons (45,425 liters) of vinyl chloride had escaped.

Groups of residents were being led to their homes by law enforcement and air quality officials. The Coast Guard also offered in-home air quality checks to any resident seeking further assurance that their home is safe.

One of those set to return home Friday was Yasmen Stafford, 19, the mother of 6-month-old twin boys who has been living in a motel for the last week.

"I just want to get settled back in and get back to my regular routine," said Stafford as she waited at the Paulsboro volunteer fire department for an escort by a police officer and air quality specialist.

Koren Warrington, 39, who has also been living in a nearby hotel, confessed she was a "little nervous" about returning home, fearing her home would smell of toxic chemicals.

Paulsboro Mayor Jeff Hamilton said 680 people from some 204 houses had been evacuated after the train crash. He said he knew of nobody that has reported an air quality problem upon returning home.

Vinyl chloride is a highly toxic and flammable industrial chemical. Exposure to it can cause respiratory problems, coughing and light-headedness, said Lawrence Ragonese, spokesman for the state Department of Environmental Protection.

The failed rail-bridge is near both residential and commercial sections of the town of 6,100 people, which is also home to two oil refineries as well as chemical plants.

Conrail is jointly owned by rail operators CSX Corp and Norfolk Southern Corp.
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Supreme Court to hear "pay-for-delay" drug case

(Reuters) - The Supreme Court agreed on Friday to decide whether brand-name drug companies may pay money to generic drug  rivals to keep their lower-priced products off the market, a practice estimated to cost consumers and the government billions of dollars each year.

The arrangements, known as "pay-for-delay" or "reverse payments," have for more than a decade vexed antitrust enforcers, including the Federal Trade Commission (FTC), which have been stung until recently by a series of court decisions allowing such practices.

In a typical case, a generic rival challenges the patent of a brand-name competitor, which then pays the rival a sum of money to drop its challenge. Defenders of the practice call it a legitimate means to resolve patent litigation.

The court accepted an appeal by the FTC, which had challenged annual payments of $31 million to $42 million by Solvay Pharmaceuticals Inc, now owned by Abbott Laboratories, to stop generic versions of AndroGel, a treatment for the underproduction of testosterone, until 2015.

These payments went to rivals such as Watson Pharmaceuticals Inc, Paddock Laboratories Inc and Par Pharmaceutical Cos, and were intended to help Solvay preserve annual profits estimated at $125 million.

The 11th U.S. Circuit Court of Appeals in Atlanta ruled against the FTC and upheld the arrangement in April. Two other circuit courts have also upheld such arrangements.

But the federal appeals court struck down a similar arrangement in July involving Merck & Co Inc. The Supreme Court often steps in to resolve such splits.

"This will be one of the most important business decisions that the court will have issued in quite some time," said Michael Carrier, a professor at Rutgers Law School in Camden, New Jersey. "These agreements cost consumers billions of dollars a year."

'WIN-WIN' FOR DRUGMAKERS

According to the FTC, 127 reverse payment arrangements were struck between 2005 and 2011, at an annual cost to consumers of $3.5 billion.

The agency calls the arrangements a "win-win" for drug companies that can share the benefits of high prices, while consumers, pharmacies and insurers miss out on generic drug prices that could be as much as 90 percent lower.

And in November 2011, the nonpartisan Congressional Budget Office said a U.S. Senate bill to ban reverse payments would save the government $4.79 billion and lower U.S. spending on prescription drugs by $11 billion over a decade. (http://aging.senate.gov/publications/s27.pdf)

That bill has not become law.

Under the Hatch-Waxman Act, the first company to win U.S. Food and Drug Administration approval to sell a generic drug before the underlying patent expires has a 180-day exclusive right to market that product.

This typically results in litigation by the brand-name rival, which can lead to reverse payment settlements.

MERCK CASE

In the Merck case, the 3rd U.S. Circuit Court of Appeals had struck down payments by Schering-Plough Corp, later bought by Merck, to rivals to delay generic versions of its potassium supplement K-Dur 20. Upsher-Smith Laboratories Inc was paid more than $60 million, court records show.

The U.S. Department of Justice, acting on the FTC's behalf, urged that the Supreme Court accept the FTC case for review and reverse the 11th Circuit decision.

It said the 3rd Circuit was correct to conclude that reverse payment agreements are presumptively anticompetitive and unlawful. Thirty-one states led by New York also urged the Supreme Court to hear the FTC appeal.

"The court has an opportunity to clarify the law," said Keith Hylton, a professor at Boston University School of Law. "It's very important to the drug industry because companies have many investments tied up in these drugs and that would be put at risk if pay-for-delay agreements were overturned."

The FTC case will be decided by an eight-member court. Justice Samuel Alito recused himself, without giving a reason.

A decision is expected by the end of June.

The case is Federal Trade Commission v. Watson Pharmaceuticals Inc et al, U.S. Supreme Court, No. 12-416.
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