Defining “Payments”: The First Post-Actavis Battleground in Pharmaceutical Reverse Payments

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Lauren Battaglia, Apr 29, 2014

In June 2013, the Supreme Court ruled in FTC v. Actavis that reverse-payment pharmaceutical patent settlement agreements are subject to rule of reason analysis under the antitrust laws. In doing so, the Court not only rejected both the FTC’s position that such agreements should be presumptively unlawful and the position of pharmaceutical manufacturers that such agreements should only be subject