United States Third Circuit

In an antitrust suit, arising from the settlement of two patent cases alleging unlawful agreements to delay the entry into the market of a generic drug used to treat potassium deficiencies, district court's judgment is reversed as the scope of the patent test applied by the district court improperly restricts the application of antitrust law and is contrary to the policies underlying the Hatch-Waxman Act and a long line of Supreme Court precedent on patent litigation and competition. Rather, the district court is directed to apply a quick look rule of reason analysis based on economic realities of the reversed payment settlement rather than the labels applied by the settling parties. As to the class certification issues, district court's determination approving maintenance of the class action is upheld.

Appellate Information

• Decided 07/16/2012
• Published 07/16/2012

Judges

• SLOVITER

Court

• United States Third Circuit

Counsel