Tag Archives: Daryl Lim

The Pendulum Swings: Patent Misuse and Antitrust – by Daryl Lim

February 28, 2014

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Law Lady StatueThe U.S. Supreme Court’s decision in F.T.C. v. Actavis signaled a renewed willingness to scrutinize patent rights under the lens of the antitrust laws.  The Court reversed the U.S. Court of Appeals for the Eleventh Circuit, and held that “pay-for-delay” settlements between patent owning drug companies and their generic competitors could be anticompetitive even if these settlements were within the scope of the owners’ patent rights.  Actavis has been hailed as potentially one of the most important patent/antitrust rulings of all time, a recognition that its impact exceeded the narrow regulatory confines of the Hatch-Waxman Act.  […]

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