Urging Supreme Court Review of Antitrust Challenges to Patent Settlements Between Pharmaceutical Companies


Dechert LLP submitted an amicus brief to the Supreme Court of the United States on behalf of the Washington Legal Foundation urging the Court to review the Third Circuit’s decision in In re K-Dur Antitrust Litigation. K-Dur holds that reverse-payment settlement agreements between brand-name and generic drug manufacturers are presumptively unlawful under the antitrust laws. The legality of reverse payment settlements is an issue of national significance, closely watched by the pharmaceutical industry and the Federal Trade Commission, which has long sought the position adopted by the Third Circuit. The Third Circuit’s decision goes against the weight of appellate authority and creates an intolerable circuit split, making the issue ripe for Supreme Court review.

The amicus brief, drafted by Dechert partner Steven G. Bradbury with the assistance of associate Irene Ayzenberg-Lyman, argues:

- The Third Circuit’s decision deprives pharmaceutical patent holders of important legal rights under the patent laws by substantially reducing their ability to settle with generic drug makers.

- K-Dur will affect the majority of patent holders because the FTC has vowed to bring whenever possible — all of its “reverse payment” antitrust actions in the Third Circuit, and the majority of U.S. drugmakers are based within the Third Circuit.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

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.

© Dechert LLP | Attorney Advertising

Written by:


Dechert LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.