A U.S. Court Sends Second Reverse-Payment Case to Trial (Cephalon)

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