Stephen Elliott Authors Article on Reverse Payments for New York Law Journal

September 8, 2015
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On September 8, New York Law Journal published an article by Mr. Elliott titled “Reverse Payments, ‘Actavis’ And Settlement of Hatch-Waxman Disputes.” In the article, Mr. Elliott discussed reverse payment agreements, in which generic drug firms agree to abandon a patent challenge in exchange for an entry date before the patent expires and a cash payment or other additional consideration from the patentee, and how such agreements were affected by Federal Trade Commission v. Actavis. “[T]he Actavis decision, and the flexibility of the rule of reason approach on which it relies, create new uncertainty as to whether a given reverse-payment agreement is lawful or not. Thus, Actavis will likely deter parties from including reverse payments in their settlements, making settlement of Hatch-Waxman patent cases more difficult,” wrote Mr. Elliott.