Amicus Curiae Brief, FTC v. Actavis, Inc., No. 12-416 (US 2013)

February 28, 2013

Dechert filed an amicus brief on behalf of the American Intellectual Property Law Association (AIPLA), supporting respondents Solvay Pharmaceuticals Inc., Actavis Inc., Paddock Laboratories Inc., and Par Pharmaceutical Cos, and urging the Court to affirm the “scope of the patent” rule to analyze antitrust challenges to patent settlement agreements. The brief argues that the presumption of an antitrust violation urged by the Federal Trade Commission is inconsistent with patent law and would ultimately only harm consumers because the presumption would significantly interfere with the economic rights intended by Congress for the resolution of patent litigation.

Dechert attorneys Steven G. Bradbury (counsel of record) and Irene Ayzenberg-Lyman filed the amicus curiae brief in support of respondents.