Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

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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.

http://lawprofessors.typepad.com/antitrustprof_blog/2012/07/eleventh-circuit-rejects-the-strength-of-a-patent-as-a-criterion-for-the-legality-of-reverse-payment.html

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