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MBHB Partner Kevin Noonan Authors DDNEWS Article Entitled, "Patent Docs: District courts implement Supreme Court’s Actavis decision"

McDonnell Boehnen Hulbert & Berghoff LLP partner Dr. Kevin E. Noonan authored an article entitled, “Patent Docs – District courts implement Supreme Court’s Actavis decision” that appears in the November 2014 online edition of DDNEWS. Last term, the Supreme Court in FTC v. Actavis overruled several Circuit Courts of Appeal by holding that so-called “reverse payment settlement agreements” (RPSAs) in Abbreviated New Drug Application (ANDA) litigation were not presumptively legal under antitrust law so long as the licensed rights were within the “scope of the patent” exclusivity. The Court opined that some agreements might be antitrust violations without regard to the extent of patent protection (or even without regard to issues of patent validity and enforceability)—for example, when “disproportionately large” reverse payments were involved. View the article