Drug Companies Ask High Court To Review Actavis Role In Patent, Antitrust Case

(November 4, 2016, 8:40 AM EDT) -- WASHINGTON, D.C. — Responding to the U.S. solicitor general’s amicus curiae brief, drug companies argue in an Oct. 19 supplemental brief to the U.S. Supreme Court that they disagree with the solicitor’s position that FTC v. Actavis (133 S. Ct. 2223 [2013]) is not limited to cash payments when answering whether a reverse-payment agreement is immune from antitrust scrutiny if the consideration given by the brand-name manufacturer to the generic challenger is a promise to restrict its competition with the challenger after the challenger enters the market (SmithKline Beecham Corp., et al. v. King Drug Company of Florence Inc., No. 15-1055, U.S. Sup.)....