A U.S. Court Sends Second Reverse-Payment Case to Trial (Cephalon)
e-Competitions Bulletin, No. 71871, January 2015
5 Pages Posted: 24 Mar 2015
Date Written: March 19, 2015
Abstract
In the Cephalon case, Judge Goldberg (ED Pa) denied defendants' summary judgment motions, sending the second reverse-payment-settlement case to trial. This short article analyzes the judge's decision, in particular addressing the appropriate liability standard under FTC v. Actavis and what constitutes a "large and unjustified" payment.
Keywords: patent, antitrust, pharmaceuticals, "large and unjustified," settlement, reverse payments, exclusion payments, Cephalon
JEL Classification: I18, K21, L40, L41, L43, L65, O34, O38
Suggested Citation: Suggested Citation
Carrier, Michael A., A U.S. Court Sends Second Reverse-Payment Case to Trial (Cephalon) (March 19, 2015). e-Competitions Bulletin, No. 71871, January 2015. Available at SSRN: https://ssrn.com/abstract=2581245
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