[Ip-health] SCOTUS rules in 5-3 opinion that pay-for-delay settlement agreements are not immune from antitrust scrutiny

Krista L. Cox krista.cox at keionline.org
Mon Jun 17 09:22:34 PDT 2013


The Supreme Court of the United States has ruled that pay-for-delay
settlement agreements are not immune from antitrust scrutiny.  The Court's
majority rejected the lower court's "scope-of-the-patent" test, but also
rejected the FTC's proposed rule that reverse payment agreements are
presumptively unlawful.  The Court instead took the position that these
agreements are subject to antitrust scrutiny under the "rule of reason"
test.  Summary/analysis of the opinion is available here:
http://keionline.org/node/1750

-- 
Krista L. Cox
Staff Attorney
Knowledge Ecology International
www.keionline.org
(202) 332-2670



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