Thomas Donovan

Thomas Donovan

K&L Gates LLP

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Latest Publications


Third Circuit Says Actavis Not Limited to Cash

In the first decision by a federal appeals court interpreting the U.S. Supreme Court’s landmark ruling in FTC v. Actavis, the Third Circuit recently held in King Drug Co. of Florence v. SmithKline Beecham Corp. that so-called...more

8/3/2015 - Actavis Inc. Class Action FTC FTC v Actavis Generic Drugs Hatch-Waxman Patent Infringement Patent Litigation Patents Pay-For-Delay Pharmaceutical Industry Prescription Drugs Putative Class Actions SCOTUS Sherman Act SmithKline Beecham

Supreme Court Applies Rule of Reason in Antitrust Challenges to Reverse-Payment Patent Settlements

One of the most controversial antitrust issues for the pharmaceutical industry during the last decade has been the treatment of patent settlements in which a patent-holding branded manufacturer made payments to its generic...more

6/24/2013 - Actavis Inc. FTC FTC v Actavis Generic Drugs Hatch-Waxman Patents Pharmaceutical Industry Prescription Drugs Reverse Payment Settlement Agreements SCOTUS Settlement

FTC Further Defines Clinical Integration

In their Statements of Antitrust Enforcement Policy in Health Care, the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice declared that joint negotiation of fees for services by competing...more


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