F.T.C. v. ACTAVIS, INC.

No. 12-416.

133 S.Ct. 2223 (2013)

186 L.Ed.2d 343

FEDERAL TRADE COMMISSION, Petitioner v. ACTAVIS, INC., et al.

Supreme Court of United States.

Decided June 17, 2013.


Attorney(s) appearing for the Case

Malcolm L. Stewart, for Petitioner.

Jeffrey I. Weinberger, Los Angeles, CA, for Respondents.

Donald B. Verrilli, Jr., Solicitor General, Counsel of Record, Department of Justice, Washington, DC, for the Petitioner.

David A. Buchen, Actavis, Inc., Parsippany, NJ, Clifford M. Sloan, Counsel of Record, Steven C. Sunshine, Julia K. York, Skadden, Arps, Slate, Meagher & Flom LLP, Washington, DC, for Respondent Actavis, Inc.

Rohit K. Singla, Michelle T. Friedland, Michael J. Mongan, Munger, Tolles & Olson LLP, San Francisco, CA, Jeffrey I. Weinberger, Counsel of Record, Stuart N. Senator, Adam R. Lawton, Munger, Tolles & Olson LLP, Los Angeles, CA, for Respondent.


Justice BREYER delivered the opinion of the Court.

Company A sues Company B for patent infringement. The two companies settle under terms that require (1) Company B, the claimed infringer, not to produce the patented product until the patent's term expires, and (2) Company A, the patentee, to pay B many millions of dollars. Because the settlement requires the patentee to pay the alleged infringer, rather than the other way around, this kind of settlement agreement...

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