Drug Companies Tell High Court That Reverse-Payment Settlements Are Lawful

WASHINGTON, D.C. - Several drug companies told the U.S. Supreme Court in their merits briefs on Feb. 21 that the court should analyze antitrust challenges to reverse-payment settlements of patent litigation between the holder of a drug patent and potential generic manufacturers of the drug under the scope-of-the-patent test, rather than treating them as presumptively unlawful, as proposed by the Federal Trade Commission (Federal Trade Commission v. Actavis, Inc., et al., No. 12-416, U.S. Sup.).

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