Supreme Court Rejection of ‘Scope of the Patent’ Test

August 21, 2013

In FTC v. Actavis, Inc., the Supreme Court rejected the “scope of the patent” test that has been adopted by the majority of courts of appeals in reviewing antitrust challenges to “reverse payment” settlement agreements; the Court held that such agreements must be analyzed under the rule of reason. No. 12-416, 2013 WL 2922122, at *14 (June 17, 2013).

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