UPCOMING EVENT: FTC v. Actavis: A Post-Argument Discussion, Monday, March 25 at 4:00pm

In PIJIP’s ongoing Supreme Court series, counsel for parties and amici will discuss intellectual property cases on the afternoon of oral argument, addressing the reaction of the Court at oral argument.  In this case the Supreme Court examines whether reverse-payment agreements are per se lawful unless the underlying patent litigation was a sham or the patent was obtained by fraud (as the court below held), or instead are presumptively anticompetitive and unlawful (as the Third Circuit has held).  Reverse payment agreements are a type of settlement agreement where brand-name drug manufacturers pay potential generic competitors to agree not to sell competing generic drugs for a period of years.

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