Topic
Reverse Payment Settlements
45 published works
Antitrust Law Blog
Federal Trade Commission Continues March “to Set a Standard for the Industry” with <em>Cephalon</em> Settlement
On May 28, the Federal Trade Commission (“FTC”) announced it had reached a $1.2 billion settlement with Teva Pharmaceuticals,[1] which acquired Cephalon in 2012, over reverse payment for its narcolepsy…
Antitrust Advocate
‘Actavis’ Still Raising More Questions Than It Answers
By Carl Hittinger, Mitchell Oates
Nearly two years after the U.S. Supreme Court’s decision in Federal Trade Commission v. Actavis, 133 S. Ct. 2223 (2013), “reverse payment” settlements in patent litigation between brand-name drug manufacturers…
Antitrust Law Blog
California Supreme Court Delineates a Structured Rule of Reason Analysis for Evaluating Reverse Payment or Pay-for-Delay Settlements
On May 7, 2015, the California Supreme Court issued its long-awaited decision in In re Cipro Cases I & II, Case No. S198616 (May 7, 2015) (Cipro). Cipro holds that…
Supreme Court Update
North Carolina Board of Dental Examiners v. Federal Trade Commission (13-534), Kansas v. Nebraska (126, Orig.) and Yates v. United States (13-7451)
Greetings, Court fans! The robed returned to action with this week with decisions in three cases, North Carolina Board of Dental Examiners v. Federal Trade Commission (13-534), on whether state…
Antitrust Advocate
FTC Aggressively Pressing ‘Antitrust Trumps IP’ Theme
By Carl Hittinger, Jeffry Duffy
The Federal Trade Commission has recently brought its considerable institutional weight to bear in two developing areas at the intersection of unfair competition and intellectual property law. Continuing its crusade…
Competition chronicle
Competition Bureau Releases White Paper on Reverse-Payment Settlements
By Huy Do
On September 23, 2014, the Competition Bureau (the “Bureau”) released a white paper regarding reverse-payment settlements in pharma litigation, Patent Litigation Settlement Agreements: A Canadian Perspective. According to the Bureau, the…
Focus on Regulation
NY Attorney General Forges New Ground in Scrutiny of Pharmaceutical Agreements With First-Filer Exclusivity No-Challenge Settlement
By Robert Leibenluft, Lauren Battaglia
The New York Attorney General's (NYAG) office has announced that it has reached a settlement with two generic drug manufacturers regarding allegations that an agreement between the firms not to…
Focus on Regulation
Federal Judge Limits Antitrust Scrutiny of Pharmaceutical Reverse Payments to Settlements Involving Monetary Transfers
By Lauren Battaglia, Robert Leibenluft
Recently, a federal judge in the U.S. District Court for the District of New Jersey held that only patent settlements involving a reverse monetary payment will be subject to antitrust…
Antitrust Advocate
Give It Back! Disgorgement – Another FTC Arrow against Reverse-Payment Settlements that Delay Generic Entry
If the uncertainty that the Supreme Court’s Actavis decision injected into the world of reverse-payment settlement litigation wasn’t enough to get your attention, then the FTC’s recent effort to obtain…
Antitrust Alert
FTC Takes a Broad, “Generic” Approach to Actavis in Amicus Brief
by Daniel Powers The Federal Trade Commission’s (FTC) battle against “reverse-payment” settlements continues. In an amicus brief recently submitted in the case of In re Effexor XR Antitrust Litigation, the…