Legal Opinion

In Re Lipitor Antitrust Litigation

Court of Appeals for the Third Circuit

Decided April 13, 2017No. 14-4202, 14-4203, 14-4204, 14-4205, 14-4206, 14-4602 & 14-4632; 15-1184, 15-1185, 15-1186, 15-1187, 15-1274, 15-1323 & 15-1342PublishedCited by 70 opinions

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

  1. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  2. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  3. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  4. Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
  5. Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005

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3Cited by70 opinions

  1. Kristiana Burrell v. Bayer CorporationCourt of Appeals for the Fourth Circuit · 2019
  2. Will El v. City of PittsburghCourt of Appeals for the Third Circuit · 2020
  3. In Re Lipitor Antitrust LitigationCourt of Appeals for the Third Circuit · 2017
  4. Federal Trade Commission v. AbbVie IncCourt of Appeals for the Third Circuit · 2020
  5. Wayne Land and Mineral Group L v. Delaware River Basin CommissioCourt of Appeals for the Third Circuit · 2020

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