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Expert Analysis

Patent Validity And Scope Can Be Litigated In Antitrust Suits

Law360, New York (August 1, 2014, 11:20 AM EDT) -- Some in the antitrust community have argued that, under the U.S. Supreme Court's decision in FTC v. Actavis Inc.[1], there is no need to litigate patent scope or validity in suits challenging so-called "reverse-payment patent settlements."[2] In our view, this position rests on an overly narrow reading of the decision, a failure to appreciate that the decision does not bypass the standards private plaintiffs must meet under Clayton Act Section 4, and/or the assumption that trying patent issues in the context of an antitrust case would be prohibitively expensive or administratively infeasible....

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