News: FTC v Actavis - Statement Of The New York Intellectual Property Law Association (“NYIPLA”) written by Dave Ryan, co-chair of the NYIPLA Amicus Committee New York, NY June 18, 2013 Yesterday, the Supreme Court held that antitrust liability attaching to “reverse payment” patent settlements must be decided under the “rule of reason,” rejecting the approach of the Eleventh Circuit (that also had been adopted by the Federal and Second Circuits) by which the court looked solely to whether the settlement was within the exclusive power of the patent. Fed. Trade Comm’n v. Actavis, Inc., No. 12-416 (June 17, 2013). The Court also rejected the approach of the Third Circuit that such settlements were presumptively illegal, and should be analyzed under a “quick look” framework. In its amicus brief, the NYIPLA supported the Eleventh Circuit’s approach. Read more>> nyipla.org/NewsBot.asp?MODE=VIEW&ID=23260
Posted on: Tue, 18 Jun 2013 20:01:31 +0000
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