On April 27, 2016, Congress broke new ground in federal law, passing the Defend Trade Secrets Act of 2016. Once it receives the expected signature from the President, the DTSA will create a federal private cause of action for misappropriation
US Supreme Court holds pay-for-delay subject to antitrust scrutiny but not presumptively unlawful
The fight to curtail “pay-for-delay” or “reverse payment” settlements between pharmaceutical patent holders and generic drug makers received a shot in the arm on Monday, as the Supreme Court held this week that these agreements are not immune from antitrust
Pay-For-Delay Enforcement Heats Up in the Wake of In re K-Dur Antitrust Litigation
The Third Circuit’s decision in In re K-Dur Antitrust Litigation breathed new life into the FTC’s fight against pay-for-delay settlement agreements. Since that decision, the FTC has acted with renewed vigor and sought to attack these agreements on a number
Third Circuit Finds Pay-for-Delay Settlements Prima Facie Unlawful
The Third Circuit’s opinion on July 16, 2012, in In re K-Dur Antitrust Litigation, sharpened the divide between the circuits on the appropriate antitrust treatment of pay-for-delay patent settlements by rejecting the scope-of-the-patent test and embracing a “quick look”