Adam Lawton Discusses Legal Landscape After FTC v. Actavis

Munger, Tolles & Olson attorney Adam R. Lawton participated in a panel presentation focused on legal and policy issues at the crossroads of antitrust law and pharmaceutical regulation hosted by the Los Angeles County Bar Association’s Antitrust and Unfair Business Practices Section on May 29, 2015.

Mr. Lawton and fellow panelists discussed legal topics on the horizon for the pharmaceutical industry beyond FTC v. Actavis, in which the U.S. Supreme Court held that “reverse-payment” settlements of pharmaceutical patent litigation should be analyzed according to the rule of reason under federal antitrust law. The panel addressed emerging issues in pharmaceutical antitrust litigation, such as state-law antitrust claims arising from alleged “reverse payments,” the alleged abuse of FDA-mandated safety measures (known as Risk Evaluation and Mitigation Strategies, or REMS) to minimize risks associated with certain drugs, “product-hopping” by brand pharmaceutical companies and the antitrust law implications of follow-on biologics.

Mr. Lawton is a litigator in the firm’s Los Angeles office. His practice focuses on patent litigation and patent-related antitrust litigation.