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 infringement
The US Court of Appeals for the Third Circuit rejects the "scope of the patent" test in an antitrust challenge to patent settlements (Schering-Plough)
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