'Reverse Payments' Presumptively Unlawful: DOJ

Law360, New York (July 6, 2009, 12:00 AM EDT) -- In a brief filed with the U.S. Court of Appeals for the Second Circuit, the U.S. Department of Justice said so-called reverse payments in patent lawsuits were presumptively unlawful and that drug companies must offer justifications in order to avoid antitrust liability.

The DOJ also said in its brief Monday that the possibility that the validity of a patent would become an issue in an appeal of a reverse payment case did not give the U.S. Court of Appeals for the Federal Circuit jurisdiction over that...
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