Melanie Mayer

Melanie Mayer

Fenwick & West LLP

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Litigation Alert: Even Spider-Man Can't Defeat Ban on Post-Patent Expiration Royalties

Fifty years ago, in Brulotte v. Thys Co., the U.S. Supreme Court held that “a patentee’s use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se.” 379 U.S. 29, 32 (1964). On June...more

6/26/2015 - Brulotte Contract Term IP License Kimble v Marvel Enterprises Patent Royalties Patents SCOTUS Stare Decisis

Litigation Alert: Supreme Court Rules on “Reverse Payment” Settlements in Federal Trade Commission v. Actavis, Inc.

Today, the U.S. Supreme Court held in Federal Trade Commission v. Actavis, Inc. that so-called “reverse payment” settlement agreements should be analyzed under a rule-of-reason analysis under which the court assesses any...more

6/18/2013 - ANDA Anti-Competitive Antitrust Litigation FTC FTC v Actavis Hatch-Waxman Patents Pharmaceutical Reverse Payment Settlement Agreements SCOTUS

Litigation Alert: U.S. Supreme Court to Weigh In on Reverse Payment Deals

On March 25, 2013, the U.S. Supreme Court heard oral argument in FTC v. Actavis, Inc.,1 which is on appeal from the U.S. Court of Appeals for the Eleventh Circuit. This case addresses a type of patent litigation settlement...more

4/3/2013 - FDA FTC v Actavis Generic Drugs Patents Pay-For-Delay Pharmaceutical Pharmaceutical Patents Reverse Payment Settlement Agreements SCOTUS

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