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Welcome to the Snell & Wilmer intellectual property and technology litigation blog! Check here for useful news and information about patent, trademark, copyright, trade secret, and other IP and technology litigation developments.
Our IP & Technology Litigation Attorneys:
Reverse-Payment Patent Settlements Can Violate U.S. Antitrust Laws
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 »
Posted in Antitrust Litigation, Patent Litigation
| Tagged antitrust, Eleventh Circuit, patent, reverse-payment, Supreme Court
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