Reverse Payment Settlement Agreements in the Pharmaceutical Industry: State of Play and Possible Developments in the US and in the EU

The aim of the paper is to analyse the issue of reverse payment agreements concluded in a context of patent litigation between brand pharmaceutical companies and generic manufacturers. Such topic is addressed from both US and EU perspectives: after an introduction on the relevant legislative framework in these two legal systems, the paper focuses on the case law of the US Supreme Court (Actavis case), the European Commission and the General Court (Lundbeck, Johnson&Johnson and Novartis, Servier cases). Taking into account the opinions expressed in these decisions, an assessment of possible future developments is offered, with particular regard to the legal standard adopted to evaluate the exercise of patent rights in relation to competition law.