Supreme Court Allows For Antitrust Scrutiny of Some Patent Litigation Settlements

by Paul Siciliano


Yay!!! I get to use the monopoly man.  Besides criminal law and procedure, I am a big fan of antitrust law.  This is one of the rare cases in recent memory when the intersection of patent law and antitrust law came out in favor of antitrust law.   

The U.S. Supreme Court did the right thing in this case, Federal Trade Commission v. Actavis.  Pharmaceutical companies were really engaging in sham settlements whereby patent holders were paying generic companies they were accusing of infringement not to enter the market.  Sometimes, the reasons for such a settlement may be legitimate - but at least let it be litigated. 

My analysis here