The antitrust litigation landscape around reverse payment settlements of patent litigation has seen a significant surge since the U.S. Supreme Court’s 2013 decision in the Federal Trade Commission v. Actavis Inc. case. Central to this spike in litigation is the upcoming hearing: In re: Bystolic Antitrust Litigation, which is scheduled for oral argument next month.
This case is anticipated to illuminate the U.S. Court of Appeals for the Second Circuit’s stance on the increasingly important issue of ‘side deals.’ Essential aspects of the case involve interpreting the legality and potential antitrust violations of so-called ‘side deals’ in patent litigation settlements. Moreover, the impending outcome might establish a divergent standard for pleading in reverse payment situations, tipping the balanced legal framework dealing with these unique issues.
The attorneys at Axinn underscore the importance of the Bystolic litigation on future patent settlement practices. Considering the magnitude and scope of implications involved, world-class corporations, multinational law firms, and global legal professionals eagerly await the Second Circuit’s verdict in this case.
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