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53 U. Louisville L. Rev. 115 (2014)
FTC v. Actavis, Inc.: Antitrust Security of Reverse Payment Settlements in Pharmaceutical Patent Litigation
Christopher Allen*
Abstract

     This Note consists of three Parts. Part II analyzes the historical development of reverse payment settlements, focusing on the Hatch-Waxman Act and the provisions that gave rise to these agreements. Part III resolves the competing antitrust and patent policies that surround reverse payments, explaining that the rule of reason serves as an appropriate check on the scope of pharmaceutical-patent powers. Part IV sets forth a guideline for analyzing reverse payment settlements under the rule of reason, explaining when they might violate antitrust laws.

* J.D. Candidate, May 2015, Louis D. Brandeis School of Law, University of Louisville.