In FTC v. Actavis, 133 S.Ct. 2223 (2013), a decision that has captured the attention of both antitrust and intellectual property lawyers alike, the U.S. Supreme Court recently held in a 5-3 vote that reverse-payment settlements resolving Hatch-Waxman Act patent litigation are not immune from antitrust liability simply because they fall within the scope of the patent being challenged in the litigation.
Application of Antitrust Laws to Patent Cases Materially Altered
The Legal Intelligencer
July 30, 2013