About: FTC v. Actavis, Inc.     Goto   Sponge   NotDistinct   Permalink

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FTC v. Actavis, Inc., 570 U.S. 136 (2013), was a United States Supreme Court decision in which the Court held that the FTC could make an antitrust challenge under the rule of reason against a so-called pay-for-delay agreement, also referred to as a reverse payment patent settlement. Such an agreement is one in which a drug patentee pays another company, ordinarily a generic drug manufacturer, to stay out of the market, thus avoiding generic competition and a challenge to patent validity. The FTC sought to establish a rule that such agreements were presumptively illegal, but the Court ruled only that the FTC could bring a case under more general antitrust principles permitting a defendant to assert justifications for its actions under the rule of reason.

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  • FTC v. Actavis, Inc. (en)
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  • FTC v. Actavis, Inc., 570 U.S. 136 (2013), was a United States Supreme Court decision in which the Court held that the FTC could make an antitrust challenge under the rule of reason against a so-called pay-for-delay agreement, also referred to as a reverse payment patent settlement. Such an agreement is one in which a drug patentee pays another company, ordinarily a generic drug manufacturer, to stay out of the market, thus avoiding generic competition and a challenge to patent validity. The FTC sought to establish a rule that such agreements were presumptively illegal, but the Court ruled only that the FTC could bring a case under more general antitrust principles permitting a defendant to assert justifications for its actions under the rule of reason. (en)
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  • Federal Trade Commission v. Actavis, Inc., et al. (en)
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  • http://commons.wikimedia.org/wiki/Special:FilePath/Stephen_Breyer_official_SCOTUS_portrait_crop.jpg
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  • University of California, Berkeley (en)
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  • Scalia, Thomas (en)
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  • Kennedy, Ginsburg, Sotomayor, Kagan (en)
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