The past year has continued to see an increase in US case law and other developments in the area of pharmaceutical antitrust. This article examines antitrust claims under the US Supreme Court's decision in FTC v Actavis for settlements of patent litigation involving alleged reverse payments or 'pay for delay'; antitrust claims against innovator pharmaceutical companies that allegedly engage in product hopping by introducing new versions of brand-name drugs facing generic competition; challenges to Orange Book patent listings that are allegedly improper; and pharmaceutical pricing developments involving legislation, regulation and other legal challenges.
Discussion points:
- Recent motion-to-dismiss and summary judgment decisions for both plaintiffs and defendants in reverse-payment cases, including the Second Circuit's decision in Bystolic
- Recent jury verdicts in reverse-payment cases, all for defendants
- A recent summary judgment decision for a defendant, dismissing product-hopping claims
- Legal challenges to improper Orange Book patent listings that may allegedly delay generic competition
- Legal challenges relating to pharmaceutical manufacturers’ pricing practices, including the passage of the federal Inflation Reduction Act and the role of pharmacy benefit managers in the drug-pricing chain
This article was published by Global Competition Review in the Americas Antitrust Review 2025.
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