Title

Third Circuit Holds Non-Cash Consideration – Such As “No Authorized Generic” Agreements – Can Constitute Unlawful “Pay For Delay”
Client Memorandum

Created date

6/29/2015

First appellate court decision applying FTC v. Actavis (S.Ct. 2013). Court finds rule of reason analysis should be applied where non-cash consideration - including agreement not to launch authorized generic - flows from patent holder to alleged infringer.