Topic
Reverse Payment Settlements
45 published works
Antitrust & Competition Blog
Reverse Payment Settlement Disclosure at USPTO
By Paul Stancil
On April 19, 2024, the U.S. Patent and Trademark Office (“USPTO”) issued a Federal Register notice requesting public comment on a variety of proposed changes to the rules governing the…
Antitrust & Competition Blog
Clarity on Reverse Payments
By John Kavanagh, Travis West, Michael Green
The Second Circuit, for the first time, has addressed the scope of the Supreme Court’s decision in FTC v. Actavis, 570 U.S. 136 (2013), regarding the use of allegedly anticompetitive…
China Justice Observer
AstraZeneca Withdraws Suits After SPC Conducts First Antitrust Investigation on “Reverse Payment Agreement for Drug Patent”
By Publisher
On 17 Dec. 2021, the Intellectual Property Court of China’s Supreme People’s Court (SPC) concluded a case of invention patent infringement dispute, where the appellant applies withdrawal of its appeal…
Cleary Antitrust Watch
Advocate General Kokott Opines on Pharma Reverse-payment Settlement (Lundbeck)
On June 4, 2020, AG Kokott advised the Court of Justice to confirm the General Court’s judgment upholding the Commission’s decision of June 19, 2013 (“the Opinion”). The aforementioned decision…
Cleary Antitrust Watch
Generics UK: The Court of Justice Issues Judgment on the Application of EU Competition Law to Pharmaceutical Reverse-payment Settlements
On Janaury 30, 2020, the European Court of Justice (the “ECJ”) issued a potentially far-reaching preliminary ruling in response to a May 2018 preliminary reference made by the U.K. Competition…
Antitrust Advocate
BakerHostetler Partners Publish Article Examining Reverse-Payment Suits Five Years After Actavis
Partners Carl Hittinger and Jeffry Duffy authored an article published by The Legal Intelligencer on July 27, 2018. The article, “Actavis and Reverse-Payments Suits in the Third Circuit After Five Years,” examines how purportedly…
New England IP Blog
BPLA Panel with Judge Young on Reverse Payments after Actavis
On October 26, the Boston Patent Law Association will host a panel featuring Judge William Young to discuss the legal landscape following the Supreme Court's 2014 opinion in Actavis v. FTC. In…
IP Intelligence
FTC’s Latest “Pay for Delay” Action Focuses on Noncash “Payments” and New “Product Hopping” Theory of Harm
The Federal Trade Commission (FTC) filed an antitrust complaint this week against Endo Pharmaceuticals and several generic companies, alleging that these companies entered into anticompetitive “reverse payment” settlements of patent…
Antitrust Advocate
FTC’s Amicus Brief in Wellbutrin XL Appeal Highlights Significance for Interpretation of Actavis
The FTC has recently weighed in again on the evolving interpretation of the Supreme Court’s 2013 opinion in FTC v. Actavis, 133 S. Ct. 2223 (2013). The agency submitted an…
BioLoquitur
Reverse Settlement Payments in Patent Disputes Come Under Scrutiny Under Both Federal Law and State Antitrust Law
By Dean L. Fanelli, Ph.D., Yang (Alex) Li, Ph.D.
On May 7, 2015, the California Supreme Court revived a class-action lawsuit against pharmaceutical giant, Bayer AG, in which it was accused of violating the state’s antitrust law.1 A settlement…