King Drug Co of Florence Inc v. Smithkline Beecham Corporation

OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this appeal from the grant of a motion to dismiss for failure to state a rule-of- reason claim under Sections 1 and 2 of the Sherman Act under Federal Rule of Civil Procedure 12(b)(6), we are asked to determine whether FTC v. Actavis, — U.S. -, 133 S.Ct. 2223, 186 L.Ed.2d 343 (2013), covers, in addition to reverse cash payments, a settlement in which the paten-tee drug manufacturer agrees to relinquish its right to produce an “authorized generic” of the drug (“no-AG agreement”) to compete with a first-filing generic’s drug during the generic’s…