Tag: antitrust

Supreme Court Will Review Eleventh Circuit’s Decision in Andro-Gel® “Pay for Delay” Case

The Supreme Court acted with faster-than-expected speed, granting a petition to review an Eleventh Circuit decision upholding a “pay for delay” agreement (also called a “reverse payment” agreement),[1] which involves the patented drug AndroGel®, against an antitrust attack.  As reported in Bloomberg.com, “Companies have struck more than 100 […]

Watson Pharmaceuticals Responds to FTC’s Petition for Supreme Court Review of "Pay for Delay" Case; 31 States File Amici Curiae Brief

In our July 23 post, we covered the Eleventh Circuit’s denial of a petition for a rehearing filed by the Federal Trade Commission (“FTC”), in which the Eleventh Circuit let stand its earlier rejection of the FTC’s challenge that a “pay for delay” agreement (also called a “reverse payment” agreement)[1] violated antitrust laws. In […]

UPDATE: FTC Seeks Supreme Court Review of 11th Circuit’s Decision in "Pay for Delay" Case

In a July 23 entry, we summarized the Eleventh Circuit’s ruling upholding a “pay for delay” agreement between pharmaceutical companies to settle patent litigation.[1]  That agreement had been attacked by the Federal Trade Commission (“FTC”) as violating antitrust laws. We characterized conflicting approaches between federal appellate courts on how […]