High Court: Reverse-Payment Settlements Are Not Immune from Antitrust Scrutiny

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 17 ruled 5-3 that reverse-payment settlements of patent litigation between the holder of a drug patent and potential generic manufacturers of the drug are not necessarily immunized from an antitrust challenge, even if the anti-competitive...

Supreme Court in Actavis: Analyze Reverse-Payment Settlements’ Anticompetitive Effects Case by Case

In a much-anticipated decision, the Supreme Court in FTC v. Actavis held 5-3 that reverse-payment settlements of Hatch-Waxman Act litigation are neither immune from antitrust liability nor presumptively unlawful, but rather must be analyzed under the rule-of-reason standard on a case-by-case basis...