On April 13, 2021, the Court of Appeals for the Fifth Circuit issued its long-anticipated decision in Impax v. FTC, marking the first time an appellate court has weighed in on the merits of a so-called reverse payment case...more
Last Wednesday, the Second Circuit Court of Appeals partially vacated the judgment of the district court in In re Actos End-Payor Antitrust Litigation. In doing so, the Second Circuit allowed only plaintiffs’ claims that...more
2/15/2017
/ Abbreviated New Drug Application (ANDA) ,
Anti-Competitive ,
Antitrust Litigation ,
Causation ,
Corporate Counsel ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
Hatch-Waxman ,
Method Claims ,
Motion to Dismiss ,
Patents ,
Pharmaceutical Industry ,
Product Exclusivity
It has been over three years since the Supreme Court’s Actavis decision. Since then, numerous putative class actions alleging harm to competition as a result of “reverse-payment” settlements have flooded the courts. The...more
11/10/2016
/ Abbreviated New Drug Application (ANDA) ,
Actavis Inc. ,
Anti-Competitive ,
Antitrust Violations ,
Appeals ,
AstraZeneca ,
Class Action ,
Exclusivity ,
Generic Drugs ,
Hatch-Waxman ,
Nexium ,
Patents ,
Reverse Payment Settlement Agreements ,
Summary Judgment ,
Teva Pharmaceuticals
On August 8, the District of Connecticut issued a noteworthy ruling on how to approach defining the relevant market definition in a pay-for-delay suit. In In re Aggrenox Antitrust Litigation, 3:14-md-02516 (D. Conn.), three...more
8/25/2016
/ Anti-Competitive ,
Antitrust Litigation ,
Antitrust Violations ,
Federal Trade Commission (FTC) ,
FTC v Actavis ,
Generic Drugs ,
Patents ,
Pay-For-Delay ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Popular ,
Prescription Drugs ,
Reverse Payments ,
Rule-of-Reason Analysis
In today’s technology-heavy world, technical interoperability standards are quite common. Because those standards are often patented, patent owners may have the ability to extract a monopoly price and some argue those owners...more