The FTC Pursuit Of Supreme Court Strategy

Law360, New York (February 3, 2009, 12:00 AM EST) -- On Feb. 2, 2009, the Federal Trade Commission filed an antitrust challenge to yet another patent infringement litigation settlement agreement between a pharmaceutical patent holder and the alleged infringers.

This new action is remarkable not in its fact pattern or theory of violation, but because it illustrates the FTC’s strategy of choosing the federal courts over FTC administrative litigation in order to seek Supreme Court review.

The FTC joined the State of California in filing this antitrust complaint in the Central District of California, challenging pharmaceutical...
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