Reverse-Payment Patent Settlements Can Violate U.S. Antitrust Laws
On June 17, 2013, in FTC v. Actavis, the Supreme Court resolved a long-brewing battle between the FTC and the antitrust and patent defense bar over whether reverse-payment patent settlements between patentees and alleged infringers violate federal antitrust laws. These settlements are categorized as reverse-payments because the settlement arises in the following circumstance: Alleged infringer […]