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

September 8, 2015

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.