Reverse payments settlement analysis. In FTC v. Actavis, the Supreme Court established that settlement of pharmaceutical patent litigation involving so-called "reverse payments" must be evaluated under the rule of reason and that "large, unexplained" payments may indicate anticompetitive conduct. In the antitrust disputes that our clients face now, the circuit courts are interpreting the standard set in the Actavis decision when examining "reverse payment" settlements.
what role does Cornerstone Research play in analyzing these settlements for potential anticompetitive conduct?