Clifford Chance

Assessing Reverse Payment Settlements Under The Antitrust Laws: A Split Among Circuit Court of Appeals

18 July 2012

The U.S. Third Circuit Court of Appeals' K-Dur decision, addressing what standard should be applied by the courts in evaluating whether certain settlements of patent lawsuits between generic and patent-holding manufacturers are legal under the antitrust laws, may open the door for U.S. Supreme Court review of the issue.

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