This post, authored by Kirk Watkins and Christy Dupriest, was first published here on June 3 as a Womble Carlyle Case Alert. In two decisions with immediate and potentially far-reaching consequences, the Supreme Court yesterday unanimously overturned two Federal Circuit decisions. These decisions continue the trend of the Roberts […]
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 […]
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 […]
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 […]
Georgia IP Litigation 