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O’Melveny’s O’Rourke, Simmons, McIntyre Co-Author Law360 Article on Litigating Patent Validity in Antitrust Suits

August 01, 2014

O'Melveny & Myers partners Kenneth O’Rourke and Ian Simmons along with associate Stephen McIntyre co-authored the August 1, 2014, Law360 article, "Patent Validity and Scope Can Be Litigated in Antitrust Suits."  In the piece, the authors contend that under the US Supreme Court decision in FTC v. Actavis Inc., "determining patent scope and validity is not only feasible, but important in many antitrust suits challenging pharmaceutical patent settlements," contrary to the claims of some in the antitrust community.  “Litigating patent validity and scope in antitrust suits is not the Herculean task some have made it out to be,” the authors write.  “Actavis does not mandate that we ignore patent issues — to the contrary, it requires that we confront them.”

O’Rourke and McIntyre reside in the Firm’s Los Angeles office and Simmons resides in the Washington, DC office.  They are all members of O'Melveny's Antitrust and Competition Practice.