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O’Melveny’s O’Rourke, Fabish Co-Author Article on Drafting Pharmaceutical Patent Settlements After Actavis DecisionApril 02, 2015 O'Melveny & Myers partner Ken O'Rourke and counsel Anna Fabish co-authored the article "Drafting Pharmaceutical Patent Settlements With Actavis in Mind" for the April - June 2015 edition of Corporate Disputes Magazine. In the article, O’Rourke and Fabish note that regulators and private class action plaintiffs have intensified their focus on so-called 'reverse-payment settlements' since FTC v. Actavis exposed certain of these agreements to antitrust scrutiny in 2013. In Actavis, the US Supreme Court generally held that these settlements are subject to antitrust scrutiny if they involve a "large and unjustified payment" to the generic company in exchange for delaying the launch of its generic product. The authors discuss several aspects of a reverse payment settlement that should be negotiated and drafted with the Court’s decision in Actavis in mind.
O’Rourke is a member of O’Melveny’s Antitrust and Competition and Intellectual Property and Technology practices and resides in the Firm’s Los Angeles office. Fabish is a member of O’Melveny’s Antitrust and Competition practice and also resides in the Los Angeles office.