Mealey's Antitrust/Unfair Competition - Reverse-Payment Settlement Is Not Entitled To Antitrust Immunity, Judge Rules

ATLANTA - The reverse-payment settlement of patent litigation between the holder of a drug patent and potential generic manufacturers of the drug is not entitled to Noerr-Pennington immunity from antitrust liability, a federal judge in Georgia ruled April 21 (In re: Androgel Antitrust Litigation [No. II], MDL No. 2084 [All Cases], No. 1:09-md-2084, N.D. Ga.; Federal Trade Commission v. Actavis, Inc., et al., No. 1:09-cv-955, N.D. Ga.; 2014 U.S. Dist. LEXIS 54808).

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