In 2013, the United States Supreme Court significantly changed the landscape of patent settlements in the pharmaceutical industry with its FTC v. Actavis, Inc. decision. In Actavis, the Court held that certain types of...more
On October 7, 2019, California became the first state to enact legislation—Assembly Bill 824 ("AB 824")—rendering certain pharmaceutical patent litigation settlement agreements presumptively anticompetitive. This alert...more
10/18/2019
/ Anti-Competitive ,
Antitrust Violations ,
Burden-Shifting ,
Civil Monetary Penalty ,
Damages ,
Erie Doctrine ,
FTC v Actavis ,
Generic Drugs ,
Hatch-Waxman ,
Judicial Review ,
Patent Litigation ,
Pay-For-Delay ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Popular ,
Rebuttable Presumptions ,
Retroactive Application ,
Reverse Payment Settlement Agreements ,
Rule-of-Reason Analysis ,
State Legislatures