such guidelines, the pharmaceutical industry appears to be an important candidate for antitrust attention, given the …

settlements must assume that the patent at issue is invalid or not infringed, since this is a problem of patent, not antitrust …The Supreme Court's decision in FTC v. Actavis has justly received widespread attention for its antitrust analysis of ….One overlooked issue, however, has been the position of Chief Justice Roberts in dissent that the antitrust analysis of these …

attempt to resolve antitrust challenges to these agreements without inquiring into patent validity or infringement. Rules of …, antitrust’s rule of reason typically requires inquiry into validity and infringement. If the patent is valid and infringed, then …Patent settlements in which the patentee pays the alleged infringer to stay out of the market are largely a consequence …

contributed to our knowledge about the effects of these patent settlements and the possible rules for their antitrust treatment …Patent settlements between originator and generic firms in the pharmaceutical industry have been challenged by … antitrust and competition authorities in the U.S. and the EU. Particularly settlements with large "reverse payments" to generic …