This program will offer an overview and analysis of reverse-payment cases since the Supreme Court's Actavis decision, with a particular emphasis on the most recent developments. Program content will include: (a) what constitutes a large and unjustified/unexplained payment, (b) applying the rule-of-reason framework to reverse-payment cases, (c) whether Actavis is/should be limited to "cash" payments, and (d) how have/should courts address questions of causation and damages.
Speakers include Michael Carrier, Rutgers Law School; Pierre Cremieux, Analysis Group; Mark Ford, WilmerHale; and Patricia McDermott, Federal Trade Commission. Moderating the panel is Michael Knight, Jones Day.