The US District Court for the Eastern District of California holds that California’s anti-reverse payment law is enforceable, but only against settlements negotiated or completed in California (Association for Accessible Medicines / Rob Bonta)

In February 2022, the US District Court for the Eastern District of California held that California Assembly Bill 824—which established a first-of-its kind presumption that certain pharmaceutical patent settlements are anticompetitive and which the California Attorney General had previously been enjoined from enforcing on constitutional grounds—is enforceable, but only "with respect to settlement agreements negotiated, completed, or entered into within California's borders." This recent development has significant implications for pharmaceutical companies with a presence in California or who may litigate patent disputes in California. The legality of patent settlements has historically been governed by the US Supreme Court's 2013 Actavis decision. Settlements of pharmaceutical patent

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  • White & Case (Washington)
  • White & Case (Washington)
  • White & Case (Washington)
  • White & Case (Washington)

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Alison Perry, Adam Acosta, Eric Grannon, Kathryn Jordan Mims, The US District Court for the Eastern District of California holds that California’s anti-reverse payment law is enforceable, but only against settlements negotiated or completed in California (Association for Accessible Medicines / Rob Bonta), 14 February 2022, e-Competitions Pay-for-delay agreements, Art. N° 105736

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