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MBHB Partner Kevin Noonan Authors DDNEWS Article Entitled, "U.S. Supreme Court rules ‘reverse payment’ settlements in ANDA litigation not unlawful”

McDonnell Boehnen Hulbert & Berghoff LLP partner Dr. Kevin E. Noonan authored an article entitled, “U.S. Supreme Court rules ‘reverse payment’ settlements in ANDA litigation not unlawful” that appears in the July 2013 online edition of DDNEWS. The U.S. Supreme Court ruled 5-3 on June 17 in favor of the Federal Trade Commission (FTC) in Federal Trade Commission v. Actavis. Writing for the majority that included Justices Kennedy, Ginsburg, Sotomayor and Kagan, Justice Breyer’s opinion reversed the decision of the 11th Circuit Court of Appeals dismissal of the FTC’s complaint that a “reverse payment” settlement agreement between an innovator drugmaker and generic challengers in ANDA litigation was anticompetitive and violated the antitrust laws. The court refused to accept the FTC’s position that such agreements are presumptively unlawful, holding that lower courts should apply an antitrust “rule of reason” analysis when evaluating such agreements.  View the article