In an opinion that could be a game-changer for drug companies involved in antitrust cases challenging the legality of patent litigation settlements, Judge Mitchell Goldberg of the U.S. District Court for the Eastern District of Pennsylvania said that the U.S. Supreme Court's ruling in FTC v. Actavis didn't preclude consideration of the strength or weakness of patents underlying the challenged settlement. In this Bloomberg BNA's Pharmaceutical Law & Industry Report article, James Burns comments on the ruling and predicts these issues could very well end up back at the high court again.
"As these issues continue to multiply, it is becoming increasingly likely that the Supreme Court will ultimately need to revisit Actavis," Mr. Burns said.
Read the Article.
Reproduced with permission from Pharmaceutical Law & Industry Report,13 PLIR 1632 (Nov. 10, 2015). Copyright 2015 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com