High Court Remands Reverse-Payment Settlement Cases To 3rd Circuit

WASHINGTON, D.C. - The U.S. Supreme Court on June 24 vacated the judgment of the Third Circuit in antitrust litigation involving the drug K-Dur and remanded for further consideration in light of its recent ruling in Federal Trade Commission v. Actavis, Inc., et al., in which it held that reverse-payment settlements of patent litigation between the holder of a drug patent and potential generic manufacturers of the drug should be analyzed under the rule of reason (Merck & Co., Inc. v. Louisiana Wholesale Drug Co., et al., No. 12-245, U.S. Sup.; Upsher-Smith Laboratories, Inc. v. Louisiana Wholesale Drug Co., et al., No. 12-265, U.S. Sup.).

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