Reverse Payment Settlements In Pharma Industry: Revisited

Law360, New York (August 16, 2012, 1:02 PM EDT) -- In December 2011, I wrote that despite a number of losses in different federal courts of appeal, the Federal Trade Commission continued to advocate for a rule that would make so called “reverse payment” settlements between branded and generic pharmaceutical companies presumptively unlawful.

I also pointed out that in pharmaceutical cases, courts have not tended to use either of the traditional antitrust tests (“per se” or the “rule of reason”), instead adopting a “scope of the patent” test to review competition issues raised by patent settlements...
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