Supreme Court Hears Arguments in FTC v. Actavis

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On March 25, 2013, the Supreme Court heard oral arguments in Federal Trade Commission v. Actavis, a case involving a circuit split regarding “pay for delay” settlements within the pharmaceutical industry.

The Supreme Court seeks to resolve a split among the circuits as to whether a brand name drug manufacturer acts illegally by paying a competing generic drug manufacturer to stay out of the market for a specified number of years. The Eleventh Circuit favors a “scope-of-the-patent” rule in analyzing pay for delay settlements, while the Third Circuit has suggested that a “quick look” rule is the better option.

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Published In: Intellectual Property Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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