This marks the first issue of WilmerHale’s The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences, a monthly bulletin that will highlight developments in the.
On November 15th, the Federal Circuit handed down its opinion affirming all aspects of the District Court's decision in Pharmacyclics LLC v. Alvogen, Inc. The case illustrates once.
On April 21, 2022, Assistant Attorney General Jonathan Kanter gave a spirited keynote address at the University of Chicago, declaring "that the era of lax enforcement is over, and the new era of vigorous.
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On April 13, 2021, the U.S. Court of Appeals for the Fifth Circuit issued an opinion in
Impax Laboratories, Inc v. Federal Trade Commission, affirming the Federal Trade Commission s (FTC) unanimous decision that Endo Pharmaceuticals, Inc. s settlement with Impax Laboratories, Inc. constituted a reverse payment and violated Section 5 of the FTC Act. In so doing, the Fifth Circuit reiterated the rule-of-reason burden-shifting framework for reverse payment cases, and also granted considerable deference to the FTC.
Background and Procedural History
In the underlying patent litigation, Endo Pharmaceuticals, Inc. (Endo) sued first-filer Impax Laboratories, Inc. (Impax) in 2008. At that time, Endo planned to introduce a new crush-resistant formulation of Opana ER (extended-release oxymorphone) and allegedly wanted to delay Impax s generic entry until after the new formulation launched. In June 2010, right before the patent