News & Events

Simpson Thacher IP litigation partner Noah Leibowitz was quoted in Reuters News about yesterday's U.S. Supreme Court ruling in FTC v. Actavis Inc. et al that regulators can sue drug makers for violating antitrust laws based on “pay for delay” settlements of Hatch-Waxman patent cases even if restrictions on generic entry do not exceed the scope of the patent.  He said "This definitely legitimizes the role of antitrust law in these settlements that the FTC has been pursuing for a while. Any settlement is going to be more difficult and companies will think much more carefully about how they settle these cases."  To view the full article, please click here.

In addition, Mr. Leibowitz was quoted in a Law360 article addressing the same decision saying "Uncertainty over potential antitrust liability will cause brand and generic companies to re-evaluate their settlement options and will, at the margins, chill settlement." To view the full article, please click here.