June 17, 2013
Reverse payment deals to effectively extend patent protection for drug makers has been approved by the courts. But the FDA took a dim view in one instance, finding antitrust implications. For that it got slapped down by the district and appeals courts, for lack of jurisdiction. But the Supreme Court (12-416), in the interest of "public policy," was wont to let the government do its job as it saw fit. Never one for bright-line rules, reverse payments are generally okay, unless a Federal regulator decides otherwise.
Posted by Patent Hawk at June 17, 2013 2:27 PM | Antitrust