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FTC v. Actavis - Where do Hatch-Waxman settlements go from here?

Thursday, September 19, 2013 12:00 PM to 1:00 PM
Boston Bar Association - 16 Beacon Street, Boston, MA


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.


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Jennifer Jones


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