On February 22, 2016, in the second federal appellate drug patent settlement ruling since the Supreme Court’s decision in FTC v. Actavis, 133 S. Ct. 2223 (2013), the U.S. Court of Appeals for the First Circuit vacated a lower court decision granting a motion to dismiss for defendants. Writing for a unanimous panel, Judge Juan Torruella unequivocally found that Actavis applied to not only cash payments but also other forms of consideration. Factual background The case involves oral contraceptive Loestrin 24. Earlier versions of Loestrin required patients to take tablets for 21 straight days, followed by a week of placebo pills (or skipped tablets). In re Loestrin 24 FE Antitrust Litigation, 2016 WL 698077, at *4 (1st Cir. Feb. 22, 2016) (Loestrin). Users of these earlier Loestrin
The US Court of Appeals for the First Circuit concludes that a reverse payment need not be in cash (Loestrin)
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