Antitrust Risks in Settling Hatch-Waxman Patent Litigation: Learning Since Actavis
"The U.S. Supreme Court waded into the murky waters of reverse-payment settlements of Hatch-Waxman patent litigation in its June 2013 decision, Federal Trade Commission (FTC) v. Actavis, concluding that such settlements 'can sometimes violate the antitrust laws.' The Court reasoned that 'a reverse payment, where large and unjustified, can bring with it the risk of significant anticompetitive effects,' which outweigh the desirability of settlement, but refused to condemn all such settlements as 'presumptively unlawful' as FTC urged."
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