Federal Trade Commission v. Actavis, Inc. and reverse-payment or pay-for-delay settlements

Federal Trade Commission

1 Settlement in this matter precludes the possibility of a litigated record. Thus, the Commission’s understanding of the facts as set forth in this Analysis is based on the record developed during staff’s investigation. The Commission has decided to include discussion of the relevant parts of the investigatory record to provide the best guidance it can on the scope of the state action defense a...

Reanalyzing reverse payment settlements: a solution to the patentee's dilemma.

Statement of the Federal Trade Commission Regarding Google’s Search Practices

The Federal Trade Commission has today completed a wide-ranging investigation of alleged anticompetitive conduct by Google Inc. (“Google”). We issue this Statement to explain the Commission’s unanimous decision to close the portion of its investigation relating to allegations that Google unfairly preferences its own content on the Google search results page and selectively demotes its competito...

United States of America before Federal Trade Commission.

The Ftc Has a Dog in the Patent Monopoly Fight: Will Antitrust’s Bite Kill Generic Challenges?

Antitrust laws have been notoriously lenient in the patent realm, the underlying reason being that patents’ grant of exclusion create monopolies that defy antitrust laws in order to incentivize innovation. Thus, antitrust violations have rarely been found in the patent cases. But after the Supreme Court’s holding in FTC v. Actavis, brand name pharmaceutical companies may need to be more cautiou...