Distribution, Competition, and Antitrust / Intellectual Property (IP) Law

New Article on Reverse Payment Patent Settlements

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I’ve added to the downloads section my May 2012 article for E-commerce Law Reports on the Eleventh Circuit’s decision in Federal Trade Commission v. Watson Pharmaceuticals, Inc.  In that case, the Eleventh Circuit rejected the argument that a reverse payment by a branded pharmaceutical manufacturer to a generic manufacturer in exchange for the generic’s agreement to stay off the market violates the antitrust laws, where the agreement resulted from a settlement of patent litigation.

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