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...
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...