Tag Archives: reverse-payment

On June 17, 2013, in FTC v. Actavis, the Supreme Court resolved a long-brewing battle between the FTC and the antitrust and patent defense bar over whether reverse-payment patent settlements between patentees and alleged infringers violate federal antitrust laws.  These settlements are categorized as reverse-payments because the settlement arises in the following circumstance: Alleged infringer – often a generic new entrant with respect to a patented drug – introduces or threatens to introduce a product that patentee believes infringes on its patent Patentee sues alleged infringer Patentee and alleged infringer settle with the patentee paying the alleged infringer for damages   Read More »