On February 27, 2015, Steve Shadowen presented at the University of San Francisco, Koret Law Center, where the American Antitrust Institute held its symposium, After Actavis: Litigating Reverse Payment Cases.
Since the landmark United States Supreme Court decision in FTC v. Actavis, Inc., courts use the rule of reason to scrutinize payments from brand drug companies to generic drug companies in settling patent infringement cases. But how should they do so? What must plaintiffs show to invoke Actavis, what must they prove once they have done so, and what must defendants show to avoid liability? How, if at all, does state antitrust law vary from federal antitrust law? Lower courts have reached different—and conflicting—conclusions. Mr. Shadowen's presentation, along with the presentations given from other distinguished professors, legal practitioners, and government representatives in the field, served to answer these questions and many others that have arisen regarding the future of litigating reverse payment cases after Actavis.