The US Court of Appeals for the Third Circuit rejects Scope-of-Patent test in antitrust challenge to patent settlements (K-Dur)

Third Circuit Rejects Scope-of-Patent Test in Antitrust Challenge to K-Dur Patent Settlement* Reverse payments settlements between patent holders and would-be generic competitors in the pharmaceutical industry should be reviewed under a “quick look” rule of reason analysis based on the economic realities of the reverse payment settlement, the U.S. Court of Appeals in Philadelphia ruled today. The appellate court decided that wholesalers and retailers who purchased a brand-name sustained-release potassium chloride supplement (K-Dur) used to treat high blood pressure could proceed with an antitrust challenge to patent

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • Wolters Kluwer (Riverwoods)

Quotation

Jeffrey May, The US Court of Appeals for the Third Circuit rejects Scope-of-Patent test in antitrust challenge to patent settlements (K-Dur), 16 July 2012, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 57313

Visites 93

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues