Reverse Payments by Drug Companies: The Supreme Court Declines to Adopt a Bright-Line Test (PDF)
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The Federal Trade Commission has long opposed "reverse payments," the practice by which a pioneer drug company selling a brand-name drug pays a generic drug company to not enter the market. While the FTC has challenged such settlements on several occasions, it has usually lost. On June 17, a bare majority of the Supreme Court ruled in FTC v. Actavis, Inc., 133 S. Ct. 2223 (2013), that neither side was right.
Thomas Carey is a partner at Sunstein, Kann, Murphy and Timbers LLP. His clients rely on his judgment and expertise in strategic matters, particularly those involving capital-raising, licensing, mergers and acquisitions and tax planning. He advises start-ups and established companies in outsourcing, joint ventures, corporate governance and FDA compliance matters.
Nancy Chiu Wilker, Ph.D. is a partner at Sunstein, Kann, Murphy and Timbers LLP and a member of its Life Sciences Practice Group. She has practiced intellectual property law in both law firm and corporate settings in life sciences since 1997. Nancy handles patent prosecution matters, portfolio development, product clearance, intellectual property due diligence, and agreements involving transfer of intellectual property.
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