PharmaPatents Timely Insight on Emerging Legal Developments

Tag Archives: Antitrust

Supreme Court Applies Antitrust Scrutiny To ANDA Reverse Payment Settlement Agreements

Posted in Supreme Court Decisions

In Federal Trade Commission v. Actavis, Inc., the Supreme Court held that reverse payment (“pay-for-delay”) settlement agreements made in the context of settling Hatch-Waxman ANDA litigation should be evaluated for antitrust violations under a “rule of reason” analysis. In so doing, the Court rejected both the “scope of the patent” test urged by the patent holders and the “quick look” test urged by the FTC. Coming on the heels of the Court’s decision in Myriad, Justice Breyer’s opinion reads like the second blow of a one-two punch against biotech and pharmaceutical patents.Continue reading this entry

Federal Circuit Holds That Purchaser Has Standing To Bring Walker Process Antitrust Claim

Posted in Federal Circuit Decisions

In Ritz Camera & Image, LLC v. Sandisk Corp., the Federal Circuit held that a direct purchaser of a patented product has standing to bring a Walker Process antitrust claim, even if it does not have standing to bring a declaratory judgment action to invalidate the patent. The case reached the court on an interlocutory appeal from the U.S. District Court for the Northern District Of California.Continue reading this entry