The 11th Circuit decision in Schering-Plough Corp. v. Federal Trade Commission, 402 F.3d 1056 (11th Cir. 2005), continues the progression of judicial examination inherent in the conflict between patent law and antitrust law under the Hatch-Waxman Act — an issue that the Supreme Court may ultimately decide.

The 11th Circuit vacated a decision of the Federal Trade Commission, finding that royalty payments flowing from a patent holder to two authorized generics, constituted an unreasonable restraint of trade in violation of �1 of the Sherman Antitrust Act, 15 U.S.C. �1 and �5 of the Federal Trade Commission Act, 15 U.S.C. �45(a).

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