Supreme Court issues Actavis decision on reverse-payment settlements

The Supreme Court has issued its much-awaited decision in FTC v Actavis on the antitrust analysis of reverse-payment settlements of Hatch-Waxman Act litigation.

Resolving a dramatic split between the Third Circuit and the Eleventh, Second and Federal Circuits, the court reversed the Eleventh Circuit’s application of the so-called scope-of-the-patent test but also declined to follow the Third Circuit’s rule of presumptive illegality…

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