A Decade of FTC v. Actavis: The Reverse Payment Framework is Older, but Are Courts Wiser in Applying It
By EsqSocial Corporation 11/01/25
In 2013, the United States Supreme Court significantly changed the landscape of patent settlements in the pharmaceutical industry with its FTC v. Actavis, Inc. decision. In Actavis, the Court held that certain types of so-called reverse payments—patent litigation settlement payments from brand pharmaceutical manufacturers to generic companies challenging the brand’s patent—might "sometimes" violate the antitrust laws. Originally published in the ABA Antitrust Law Journal....
By: White & Case LLP