Friday, July 6, 2012
Eleventh Circuit Rejects the Strength of a Patent as a Criterion for the Legality of Reverse-Payment Settlements
Posted by D. Daniel Sokol
William Rooney & Jodi Lucena-Pichardo (Willkie Farr & Gallagher) discuss how the Eleventh Circuit Rejects the Strength of a Patent as a Criterion for the Legality of Reverse-Payment Settlements.
ABSTRACT: The Eleventh Circuit's recent decision in Federal Trade Commission v. Watson Pharmaceuticals, Inc. (the "AndroGel" decision) addresses the latest challenge to reverse-payment settlements. The Eleventh Circuit rejected the Federal Trade Commission's position that the lawfulness of a reverse-payment settlement depends on the perceived strength or weakness of the patent and concluded that a patent, unless previously invalidated, should be given its full exclusionary scope.