Clarity May Be Around the Corner for Antitrust Scrutiny of Reverse Payment Settlements
JD Supra Law
DECEMBER 7, 2023
Actavis that reverse payment settlements—or settlements where a patent holder pays an accused patent infringer cash or other consideration to end the patent litigation—may be subject to antitrust scrutiny if they are "large and unjustified," lower courts have been in search of an administrable pleading standard for these claims.
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