Ten years ago, the US Supreme Court issued its 5-3 decision in FTC v. Actavis, which held that the rule of reason should govern so-called "pay-for-delay," or reverse payment, patent litigation settlement agreements between brand name and generic pharmaceutical manufacturers.
In a new episode of the American Bar Association's Our Curious Amalgam podcast, White & Case Antitrust partner Kristen O'Shaughnessy and associate Daniel Grossbaum speak about how the decision has shaped reverse-payment litigation and some of the key issues moving forward.
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