United States rule of reasonreverse paymentspay for delay

FTC v Actavis Inc

570 US 136 (2013)

JurisdictionUnited States

CourtSupreme Court of the United States

Year2013

StatusBinding authority

Key Principle

Reverse payment patent settlements (pay-for-delay) are subject to antitrust scrutiny under the rule of reason; the size of the payment may indicate the patentee has market power and the payment substitutes for the risk of competition.

Area of Law

competition

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Epic Games Inc v Apple Inc (Supreme Court) Nos. 23-337 and 23-344 (cert. denied Jan. 16, 2024)

Epic Games Inc v Apple Inc 67 F.4th 946 (9th Cir. 2023)

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