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Publications

Off-Label Use of the Cartwright Act: Will Cipro Require State Courts to Assess Federal Patent Validity in Pay-for-Delay Cases?

Fall 2015 - Competition, The Journal of the Antitrust, UCL and Privacy Section of the State Bar of California

Publications

Off-Label Use of the Cartwright Act: Will Cipro Require State Courts to Assess Federal Patent Validity in Pay-for-Delay Cases?

Fall 2015 - Competition, The Journal of the Antitrust, UCL and Privacy Section of the State Bar of California

In FTC v. Actavis, Inc., the United States Supreme Court subjected so-called reverse payment settlements in pharmaceutical patent litigation to rule of reason antitrust analysis under Section 1 of the Sherman Act. The Actavis decision, however, left it to lower courts to determine how best to perform that analysis. In May 2015, the California Supreme Court stepped into the breach with its decision in In re Cipro Cases I & II. The Cipro Court held that reverse payment settlements may be challenged under California’s primary antitrust statute, the Cartwright Act. In doing so, it attempted to fill in some of the blanks left by the Actavis decision on how to conduct a rule of reason analysis of reverse payment settlements. Read the article here.

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