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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  

Michael A. Carrier

Rutgers Law School

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

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

Michael A. Carrier (Contact Author)

Rutgers Law School ( email )

217 North Fifth Street
Camden, NJ 08102-1203
United States
856-225-6380 (Phone)
856-225-6516 (Fax)

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