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Andrew D. Regan will be joining the patent group at Troutman Sanders LLP in Atlanta, specializing in intellectual property related to pharmaceuticals and life sciences technology. He can be reached at firstname.lastname@example.org. Charles E. Miller is an adjunct professor of patent law at St. John’s University School of Law and senior counsel in the law firm of Sills Cummis & Gross P.C. in New York City, specializing in intellectual property dispute resolution. He can be reached at email@example.com. The views expressed in this article are not necessarily those of Troutman Sanders LLP, Sills Cummis & Gross P.C., or any of their clients or affiliates. The contents hereof are for general information purposes only and are neither intended nor should they be deemed, under any circumstances, by implication, inference, or otherwise, to constitute legal advice.
For more than a decade, storm clouds of doubt and discord have been gathering over the legality of “reverse-payment” license agreements (RPLAs) in the context of Hatch-Waxman patent settlements. This past term, the U.S. Supreme Court finally stepped into the tempest and resolved the uncertainty: RPLAs are subject to antitrust scrutiny, despite the fact that one party to the agreement possesses a patent.