Five years after the U.S. Supreme Court found in FTC v. Actavis, 570 U.S. 136 (2013), that large and unjustified payments from a brand pharmaceutical manufacturer to prevent generic entry can provide a basis for an antitrust...more
As post-Actavis antitrust litigation over so-called “reverse payment” patent settlements proceeds, courts continue to provide further illumination about what evidence a private plaintiff would need to offer to survive summary...more
2/1/2018
/ Antitrust Litigation ,
Causation ,
Claim Construction ,
Damages ,
Generic Drugs ,
Manufacturers ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
Preponderance of the Evidence ,
Reverse Payment Settlement Agreements ,
Settlement Agreements ,
Summary Judgment
We pointed out in a recent article that, based on recent decisions by the Courts of Appeals for the First and Third Circuits, private antitrust plaintiffs seeking damages from so-called “reverse-payment” settlement agreements...more
11/8/2017
/ Anticompetitive Agreements ,
Antitrust Litigation ,
Appeals ,
Claim Construction ,
Damages ,
Generic Drugs ,
Manufacturers ,
Motion for Summary Judgment ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Preponderance of the Evidence ,
Reverse Payment Settlement Agreements