Reverse Payment Settlement Agreements

April 2013: Life Sciences Litigation Update: Will the Supreme Court Resolve Circuit Split on Settlement of ANDA Disputes?

by Quinn Emanuel Urquhart & Sullivan, LLP on 4/5/2013

On March 25, 2013, the U.S. Supreme Court heard oral argument in Federal Trade Commission v. Actavis, Inc. (Docket No. 12-416). The Actavis case centers around the debate over the type of antitrust analysis that should apply...more

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

by Melanie Mayer, David Tellekson | Fenwick & West LLP on 4/3/2013

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

Supreme Court Oral Argument in FTC v. Actavis

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 4/2/2013

The Supreme Court heard oral argument in Federal Trade Commission v. Actavis (the caption for what was Federal Trade Commission v. Watson Pharmaceuticals, Inc. in the 11th Circuit opinion below) last Monday, with Deputy...more

Academic White Paper Rebuts FTC and S. 214

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 3/29/2013

Paul Bender, former Clinton-era Principal Deputy Solicitor General, and his colleagues Christopher A. Mohr and Michael Kippler at the University of Arizona Law School, published a White Paper entitled "S. 214's inappropriate...more

Case Brief: Federal Trade Commission v. Watson Pharmaceuticals

by Kwame Mensah | McDonnell Boehnen Hulbert & Berghoff LLP on 3/26/2013

[Ed. The Supreme Court heard oral argument today in Federal Trade Commission v. Watson Pharmaceuticals. While Patent Docs will provide analysis regarding the oral argument in a subsequent post, we provide the following...more

Senators Introduce Another Bill to Ban Reverse Payment Settlement Agreements

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 3/15/2013

Last week, Senator Al Franken (D-MN) was joined by Senators David Vitter (R-LA), Dick Durbin (D-IL), Jeanne Shaheen (D-NH), and Bernie Sanders (I-VT) in introducing S. 204, the "Fair and Immediate Release of Generic Drugs...more

Will FTC Chairman Leibowitz’s Departure Change The Enforcement Landscape?

by Barak Bassman, Daniel Boland, Deirdre McInerney, Barbara Sicalides | Pepper Hamilton LLP on 3/7/2013

After three years at the helm of the Federal Trade Commission (FTC), Chairman Jon Leibowitz stepped down. Without a doubt Chairman Leibowitz has been a visible and relentless advocate for restricting pay-for-day or reverse...more

Par/Paddock Answers FTC Before Supreme Court

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 2/28/2013

Par PharmaceuticalPar/Paddock, one of the generic drug company defendants in FTC v. Actavis Inc. et al. (the "reverse payment" ANDA settlement case now before the Supreme Court) filed its reponsive brief last week. In it,...more

Cephalon, Inc. v. Watson Pharmaceuticals, Inc. (Fed. Cir. 2013)

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 2/15/2013

Whether ANDA litigation has had a positive or negative impact on generic drug availability is an open question, in view of several recent reports looking at the effects such litigation has had on both branded and generic...more

Pending Bill Would Expand FTC Powers Over Drug Patent Settlements and Alter the Legal Test

by Irene Ayzenberg-Lyman, MIke Cowie, George Gordan | Dechert LLP on 2/14/2013

Key Points: - This month several U.S. Senators introduced the Preserve Access to Affordable Generics Act. There is no similar bill pending in the U.S. House. - The Act revives legislative efforts to wipe out the...more

Antitrust and Competition Newsletter - February 2013

by Orrick, Herrington & Sutcliffe LLP on 2/8/2013

In This Issue: - A Modern Look at the Nine ‘No-Nos’ of Patent Licensing Under U.S. Antitrust Law: The First Four ‘No-Nos’ - Supreme Court Grants Cert. in Watson Reverse Payment Settlement Case - 7th Circuit...more

FTC Releases Another Report on Reverse Payment Settlement Agreements in ANDA Litigation

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 1/18/2013

As it has frequently in the past decade, the Federal Trade Commission on Thursday released a Report on the frequency of reverse payment settlement agreements in ANDA litigation between generic and branded drug makers,...more

Supreme Court to Hear AndroGel Reverse Payment Case

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 1/10/2013

The Supreme Court granted certiorari in Federal Trade Commission v. Watson Pharmaceuticals, Inc., to address whether and when “reverse payment” agreements made to settle ANDA litigation violate antitrust laws....more

U.S. Supreme Court to Rule on “Pay-for-Delay” Antitrust Issue

by Jeffrey W. Brennan, Wilko van Weert | McDermott Will & Emery on 12/11/2012

The Supreme Court of the United States has granted the government’s petition for a writ of certiorari in FTC v. Watson Pharmaceuticals, agreeing for the first time to address the antitrust and patent law implications of...more

Supreme Court to Review Reverse Payment Settlement Agreements

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 12/10/2012

The Supreme Court granted certiorari Friday in Federal Trade Commission v. Watson Pharmaceuticals, Inc., one of two cases with certiorari petitions before the Court relating to reverse payment settlement agreements in ANDA...more

FTC Moves as Amicus in Effexor Litigation, and Gets Its (Well-Earned) Comeuppance

by McDonnell Boehnen Hulbert & Berghoff LLP on 10/19/2012

The Federal Trade Commission, in an attempt to extend the scope of its signal (and sole) victory in its crusade against reverse payment settlement agreements in ANDA cases, In re K-Dur Antitrust Litigation, has moved for...more

FTC Asks Supreme Court to Play Favorites in Reverse Payment Settlement Agreement Cases

by McDonnell Boehnen Hulbert & Berghoff LLP on 10/17/2012

Reinvigorated by its triumph in convincing a three-judge panel of the Third Circuit to adopt its view that reverse payment settlement agreements in ANDA cases are presumptively illegal (in the K-Dur case, In re K-Dur...more

Healthcare Tops the Agenda of U.S. Antitrust Enforcers

by Morgan Lewis on 4/4/2012

Agencies promise close scrutiny of hospital mergers, reverse payment settlements, and REMS abuses. During a roundtable discussion featuring federal and state enforcers at the American Bar Association Section of...more

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