In recent years, the Federal Trade Commission (FTC) has with increasing frequency sued in federal court under the purported authority of Section 13(b) of the Federal Trade Commission Act1 (FTC Act) to obtain restitution of...more
In a 5–4 decision, in Apple, Inc. v. Pepper, the U.S. Supreme Court (the “Court”) followed the its 1977 precedent in Illinois Brick v. Illinois, which limits the assertion of antitrust damage claims to the first purchaser...more
5/28/2019
/ Antitrust Violations ,
Appeals ,
Apple Inc v Pepper ,
Class Action ,
Direct Purchasers ,
Dismissals ,
Internet Retailers ,
iPhone ,
Mobile Apps ,
Monopolization ,
Reversal ,
SCOTUS
In the first decision by a federal appeals court interpreting the U.S. Supreme Court’s landmark ruling in FTC v. Actavis, the Third Circuit recently held in King Drug Co. of Florence v. SmithKline Beecham Corp. that so-called...more
8/3/2015
/ Actavis Inc. ,
Class Action ,
Federal Trade Commission (FTC) ,
FTC v Actavis ,
Generic Drugs ,
Hatch-Waxman ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pay-For-Delay ,
Pharmaceutical Industry ,
Prescription Drugs ,
Putative Class Actions ,
SCOTUS ,
Sherman Act ,
SmithKline Beecham
One of the most controversial antitrust issues for the pharmaceutical industry during the last decade has been the treatment of patent settlements in which a patent-holding branded manufacturer made payments to its generic...more
6/24/2013
/ Actavis Inc. ,
Federal Trade Commission (FTC) ,
FTC v Actavis ,
Generic Drugs ,
Hatch-Waxman ,
Patents ,
Pharmaceutical Industry ,
Prescription Drugs ,
Reverse Payment Settlement Agreements ,
SCOTUS ,
Settlement