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Steve Shadowen Co-Authors Article on Model Jury Instructions for Reverse Payment Cases

The Supreme Court in FTC v. Actavis, Inc., reiterated the well-established doctrine that “overly restrictive patent licensing agreements” are subject to antitrust scrutiny but it left to the lower courts to structure the antitrust rule-of-reason analysis in cases involving reverse payment patent settlements.  In order to help courts provide that structure, Steve Shadowen and co-author David Sorensen offer Model Jury Instructions and a Model Verdict Slip for a typical reverse payment case.  The article is published in the 2015 Rutgers University Law Review, Volume 67:637.