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Expert Analysis

FTC V. Cephalon — The Actavis Fray Begins

Law360, New York (August 8, 2014, 10:04 AM EDT) -- Last year the U.S. Supreme Court in a landmark decision ruled that pharmaceutical "reverse payment" settlements in Hatch-Waxman Act "Paragraph 4" patent litigation are subject to challenge, departing from the rule that most circuits had adopted. Federal Trade Commission v. Actavis, 133 S.Ct. 2223 (2013). In these cases, patent owners are compelled to bring patent infringement actions against generic drug makers that file a notice with the U.S. Food and Drug Administration indicating their view that any existing patents protecting the branded drug are invalid....

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