FTC v. Actavis, Inc. Q&A: Implications for Pharmaceutical Companies

June 2013

On June 17, 2013, in FTC v. Actavis, Inc., the U.S. Supreme Court ruled that plaintiffs may bring antitrust suits against so-called “reverse payment” or “pay-for-delay” settlements, under which pioneer and generic pharmaceutical companies resolve patent disputes through arrangements that involve the transfer of cash or other consideration from the patent owner to the alleged infringer. The case, however, also left many unanswered questions for companies that are contemplating or have entered into settlements that could be viewed as falling within these categories. These companies may want to consider the following questions, among others.

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