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Expert Analysis

2 Assumptions Shape 3rd Circ. Reverse Payment Case

Law360, New York (November 20, 2014, 12:46 PM EST) -- The U.S. Supreme Court's decision in Federal Trade Commission v. Actavis Inc.[1] subjected patent infringement settlements that include "large and unjustified" payments to antitrust scrutiny for the first time. When it heard oral argument in Louisiana Wholesale Drug Co. Inc. v. SmithKline Beecham Corp.[2] on Wednesday, the U.S. Court of Appeals for the Third Circuit became the first appellate court to enter the debate regarding the impact of that decision....

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