Antitrust Implications of Reverse Payments

more+
less-

The Federal Circuit recently adopted a new antitrust liability standard for reverse payment patent settlement agreements In Re Ciprofloxacin Hydrochloride Antitrust Litigation that virtually insulates such settlements from antitrust scrutiny. In a reverse payment patent settlement, an alleged infringer agrees not to infringe the patent in exchange for a money payment from the patent holder. The Federal Circuit held that a reverse payment settlement does not give rise to an antitrust violation so long as the settlement: (1) does not extend the patent beyond the exclusionary zone of the patent; (2) is not a settlement of sham litigation; or (3) there was no fraud before the PTO. This may not be the final word on these settlements, but it is the present standard.

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.

© Briggs and Morgan | Attorney Advertising

Written by:

more+
less-

Briggs and Morgan on:

JD Supra Readers' Choice 2016 Awards
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.
×
Loading...
×
×