Where We Stand On Pharmaceutical Patent Settlements

Law360, New York (October 23, 2015, 10:50 AM EDT) -- Two and a half years after the pivotal U.S. Supreme Court opinion in Federal Trade Commission v. Actavis Inc.,[1] lower courts continue to grapple with the broad contours of that decision. After more than 10 substantive rulings from the district courts during this time, the prescience of Justice John Roberts' statement in his dissent in Actavis — "good luck to the district courts"[2] — is clear. This article starts by detailing the recent district court decisions in In re Actos and In re Wellbutrin XL to highlight issues the district courts are wrangling over today.

Beyond the district courts, appellate courts...

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