Supreme Court overturns Eleventh Circuit in reverse payment case

On 17 June, the Supreme Court finally weighed in on the issue of pharmaceutical patent settlement agreements involving so-called ‘reverse payments’ — reversing the Eleventh Circuit, but declining to find that such agreements are presumptively unlawful. Instead, in a 5-3 ruling, the court held that these agreements, sometimes referred to as ’pay-for-delay’ agreements, should be analysed under the rule of reason…

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