The debate over "reverse payment" patent litigation settlements continues following the Supreme Court's decision in FTC v. Actavis that such agreements should be individually evaluated to determine whether they violate the anti-trust laws. Reverse payment settlements (aptly referred to as pay-for-delay settlements) arise when a brand drug manufacturer sues a generic drug maker for patent infringement and settles the litigation by paying the generic drug manufacture not to bring the lower-cost generic drug to market for a specified period of time,... Read More

In recent years, increasing scrutiny has been given to the practice of pharmaceutical manufacturers seeking to suppress the introduction of less expensive generic drugs into the market by artificial and potentially illegal means.  In some instances, the manufacturers of brand-name drugs will enter into anti-competitive  agreements with generic drug manufacturers pursuant to which the generic drugs will be withheld from the market for a predetermined amount of time.  Employing another tactic, the brand-name manufacturer may engage in sham patent litigation... Read More