Private Plaintiff Must Prove Antitrust Injury to Recover for Antitrust Violations Based on Reverse Payment Settlements of ANDA Litigation

Three years ago, the Supreme Court held in Federal Trade Comm’n v. Actavis, Inc. that pay-for-delay settlement agreements may constitute antitrust violations under the rule of reason if their anticompetitive effects are unreasonable when viewed in light of the agreements’ size, scale in relation to future litigation costs, independence from other services that might justify […]

Settlement without Signatures: Federal Circuit Orders that Parties Memorialize Oral Agreement

On July 24, 2014, the Federal Circuit ordered that Endo Pharmaceuticals Inc. and Mylan Pharmaceuticals Inc. were required to continue their attempts to memorialize a previously-agreed-to settlement in a patent-litigation suit relating to Endo’s Frova tablets, a frovatriptan succinate EQ medication that treats migraine headaches.  Specifically, the Federal Circuit denied Endo’s bid for an emergency […]