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...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.