On June 17, 2013, the Supreme Court decided Federal Trade Commission v.
Actavis, Inc., which resolved a circuit split over the appropriate antitrust
standard to apply when evaluating "reverse payment" Hatch-Waxman patent
litigation settlements. This decision has significant consequences for
settlements in branded vs. generic abbreviated new drug application (ANDA)
litigation in the pharmaceutical industry.
Mark Ford, a Boston-based partner in WilmerHale's Antitrust and Competition
Group, and Kristen Johnson Parker, an associate in the Boston office of the
plaintiffs' class action litigation firm Hagens Berman Sobol Shapiro LLP, will
discuss this and other recent developments in the law regarding Hatch-Waxman
settlements. Both have practices which focus on cases at the antitrust-IP
intersection. For instance, Mr. Ford currently represents a branded
pharmaceutical company that is a defendant in a "reverse payment" case, which is
pending in the United States District Court for the Eastern District of
Pennsylvania. Ms. Parker currently represents direct purchaser class
plaintiffs in about a half dozen reverse payment actions pending in federal
district courts in Boston, Philadelphia, Trenton and elsewhere.