Tag Archives: Antitrust

New FTC Rules For Exclusive Pharmaceutical Patent Licenses

Co-authored by Benjamin R. Dryden. The Federal Trade Commission (FTC) has issued final rules under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) relating to the transfer of exclusive patent rights in the pharmaceutical industry. These new FTC rules go into effect on December 16, 2013. Importantly, these rules clarify when transfers of rights … Continue reading this entry

Supreme Court Applies Antitrust Scrutiny To ANDA Reverse Payment Settlement Agreements

In Federal Trade Commission v. Actavis, Inc., the Supreme Court held that reverse payment (“pay-for-delay”) settlement agreements made in the context of settling Hatch-Waxman ANDA litigation should be evaluated for antitrust violations under a “rule of reason” analysis. In so doing, the Court rejected both the “scope of the patent” test urged by the patent … Continue reading this entry

Federal Circuit Holds That Purchaser Has Standing To Bring Walker Process Antitrust Claim

In Ritz Camera & Image, LLC v. Sandisk Corp., the Federal Circuit held that a direct purchaser of a patented product has standing to bring a Walker Process antitrust claim, even if it does not have standing to bring a declaratory judgment action to invalidate the patent. The case reached the court on an interlocutory … Continue reading this entry