Antitrust Column & Publications

'Reverse Payments' Shot Down in Third Circuit

Date: 08/29/12

Source: The New York Law Journal. Reprinted with permission.

Declining to follow a decade-long line of appellate decisions, the U.S. Court of Appeals for the Third Circuit ruled that the settlement of a patent infringement dispute between rival drug makers that involved a payment to the alleged infringer likely violated antitrust laws. The Third Circuit also decided that health care providers lacked standing to bring federal antitrust claims against a hypodermic products supplier because they bought the products from distributors, who had the right to seek recovery instead.

ReversePaymentsShotDownThirdCircuit.pdf (pdf | 182.71 KB )