Congress has been silent on new legislation addressing drug patent settlement
agreements (aka “reverse payment agreements” or “pay-for-delay agreements”) since the U.S. Supreme Court issued its June 2013 opinion inFederal Trade Commission v. Actavis, Inc., 570 U.S. ___ (2013). As wepreviously reported, the Court declined to hold that reverse payment settlement agreements are presumptively unlawful, and that “Courts reviewing such agreements should proceed by applying the ‘rule of reason,’ rather than under a ‘quick look’ approach.”
agreements (aka “reverse payment agreements” or “pay-for-delay agreements”) since the U.S. Supreme Court issued its June 2013 opinion inFederal Trade Commission v. Actavis, Inc., 570 U.S. ___ (2013). As wepreviously reported, the Court declined to hold that reverse payment settlement agreements are presumptively unlawful, and that “Courts reviewing such agreements should proceed by applying the ‘rule of reason,’ rather than under a ‘quick look’ approach.”
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