Reverse-Payment Settlement Case Remanded In Light Of Supreme Court Ruling

Reverse-Payment Settlement Case Remanded In Light Of Supreme Court Ruling

ATLANTA - Following the U.S. Supreme Court's ruling in June that reverse-payment settlements of patent litigation between the holder of a drug patent and potential generic manufacturers of the drug are subject to the rule of reason, the 11th Circuit U.S. Court of Appeals on Sept. 9 vacated and remanded the case, in which a trial court dismissed the Federal Trade Commission's complaint that Solvay Pharmaceuticals Inc. conspired with generic drug makers to delay the marketing of generic versions of AndroGel (Federal Trade Commission v. Watson Pharmaceuticals, Inc., et al., No. 10-12729, 11th Cir.; 2013 U.S. App. LEXIS).

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