Post-Actavis, Pay-For-Delay Debate Is Far From Over

Law360, New York (December 18, 2013, 10:38 PM EST) -- In June, the U.S. Supreme Court handed down its highly anticipated opinion in Federal Trade Commission v. Actavis Inc.[1] In Actavis, the court weighed in on a legal and economic dispute that had been brewing in the lower courts for over a decade — how to assess the legality of so-called “reverse-payment” or “pay-for-delay” patent settlements. Although the opinion resolves some of the issues animating that debate it also leaves much unresolved, and it seems likely that years of litigation remain before we know how the...
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