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A U.S. Court Sends Second Reverse-Payment Case to Trial (Cephalon)

By  |  March 24, 2015

Posted by Social Science Research Network

A U.S. Court Sends Second Reverse-Payment Case to Trial (Cephalon)–  Michael A. Carrier (Rutgers University)

Abstract: In the Cephalon case, Judge Goldberg (ED Pa) denied defendants’ summary judgment motions, sending the second reverse-payment-settlement case to trial. This short article analyzes the judge’s decision, in particular addressing the appropriate liability standard under FTC v. Actavis and what constitutes a “large and unjustified” payment.