In Re Lipitor Antitrust Litigation
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
FISHER, Circuit Judge.
A pharmaceutical company holding the patent on a drug sues the manufacturer of a generic version of that drug for patent infringement. The patent-holder and the generic manufacturer later settle, with the former paying the latter not to produce a generic until the patents at issue expire. In FTC v. Actavis, Inc., — U.S. -, 133 S.Ct. 2223, 186 L.Ed.2d 343 (2013), the Supreme Court recognized that such a settlement — commonly known as a “reverse payment” — where large and unjustified, can sometimes unreasonably diminish competition in violation of the…
2Cases cited60 opinions
- Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
- Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
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3Cited by70 opinions
- Kristiana Burrell v. Bayer CorporationCourt of Appeals for the Fourth Circuit · 2019
- Will El v. City of PittsburghCourt of Appeals for the Third Circuit · 2020
- In Re Lipitor Antitrust LitigationCourt of Appeals for the Third Circuit · 2017
- Federal Trade Commission v. AbbVie IncCourt of Appeals for the Third Circuit · 2020
- Wayne Land and Mineral Group L v. Delaware River Basin CommissioCourt of Appeals for the Third Circuit · 2020
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