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Evaluating the Size of Reverse Payments In Light of the Supreme Court’s Decision in FTC v. Actavis

BY | December 30, 2013

James Langenfeld, Dec 30, 2013 Patent settlement agreements that involve payments from brand-name drug manufacturers to generic drug manufacturers (so called “reverse payments” or “pay for delay”) have been hotly…

James Langenfeld, Dec 30, 2013

Patent settlement agreements that involve payments from brand-name drug manufacturers to generic drug manufacturers (so called “reverse payments” or “pay for delay”) have been hotly contested in the courts. Last year, two U.S. Courts of Appeals reached opposite verdicts regarding the legality of “reverse payment” agreements.

In April 2012, in FTC v. Actavis, Inc., the Eleventh Circuit held that payments made by brand-name patent

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