Analysis

Actavis At 4: Pay-For-Delay Lawsuits Receding

Law360, Fort Wayne (June 20, 2017, 6:31 PM EDT) -- In the four years since the U.S. Supreme Court's monumental decision in Federal Trade Commission v. Actavis, pay-for-delay lawsuits have been on the cutting edge of antitrust law, but attorneys who work in the area say there are signs that the litigation is waning as pharmaceutical companies turn away from reverse payment settlements and drug buyers mull over adverse rulings.

In its 2013 decision in Actavis, the high court supported the FTC's view that pharmaceutical patent dispute settlements that transfer consideration from a brand drug company to a generic should be subject to antitrust scrutiny, triggering a wave of pay-for-delay litigation....

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