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BPLA Presents: Judge William Young and Antitrust Expert Panel: The Actavis Riddle
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When: October 26th, 2017
3:30 - 5:30 PM
Where: Mccarter & English LLP
265 Franklin St
Boston, Massachusetts  02110
United States
Contact: Wyley Proctor, Tom Foley

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Judge William Young and Antitrust Expert Panel

The Actavis Antitrust Riddle:  The Evidence and Economics of “Reverse Payments”

In its 2014 Actavis v. FTC decision, the Supreme Court held that settlement of a Hatch-Waxman patent suit may violate antitrust law if the patent owner makes a “large, unexplained payment” to an alleged infringer.  Even after more than four years, judges, lawyers, and drug companies still struggle with complicated evidentiary and economic questions raised by this landmark decision.

Join us to hear four perspectives on how these so-called “pay-for-delay” cases work, how lawyers and judges can best handle the unique evidentiary challenges posed by Actavis, and tips for settling Hatch-Waxman litigation without ending up right back in court.  


Date:  October 26, 2017, 3:30-5:30 pm

Location:  McCarter & English, LLP, 265 Franklin Street, Boston, MA 02110



The Honorable William G. Young
United States District Court for the District of Massachusetts

Judge Young has served on the District Court since 1985, including as Chief Judge from 1999 to 2005.  Judge Young presided over the In re: Nexium trial, the first case involving pay-for-delay allegations to reach trial after the Actavis decision.  Before coming to the bench, Judge Young worked at Bingham, Dana & Gould, as a special assistant attorney general in the Office of the Massachusetts Attorney General, and as chief counsel to Massachusetts Governor Francis W. Sargent.  A longtime teacher of evidence and trial advocacy, Judge Young has taught at several law schools including Harvard, Boston College, and Boston University. Commonly referred to as the Education Judge, he is active in judicial education at the Federal Judicial Center and the Flaschner Judicial Institute.  Judge Young is a graduate of Harvard University and Harvard Law School. 



Professor Keith Hylton, Ph.D.

William Fairfield Warren Distinguished Professor, Boston University;

Professor of Law, Boston University School of Law

Professor Hylton joined the BU Law faculty in 1995, after teaching for six years and receiving tenure at Northwestern University School of Law.  Among other prestigious positions, he is currently president of the American Law and Economics Association (2017-18 term), and has served as chair of the Section on Antitrust and Economic Regulation of the American Association of Law Schools and a director of the American Law and Economics Association.  He received both his BA (magna cum laude) and his J.D. from Harvard University and his PhD in economics from the Massachusetts Institute of Technology. He has published extensively on antitrust issues, including on reverse payment antitrust suits in light of the Supreme Court’s Actavis decision.



Saul P. Morgenstern
Partner, Arnold & Porter Kaye Scholer LLP

Mr. Morgenstern represents clients across a broad spectrum of industries in complex antitrust and other commercial disputes.  He has served as first chair in a number of pharmaceutical antitrust litigations, including several pre- and post-Actavis cases involving claims of delayed generic entry, including in the District of Massachusetts.  Mr. Morgenstern speaks and writes regularly on antitrust and compliance issues facing US and multi-national businesses, and most recently co-chaired the Practising Law Institute’s two-day program "Antitrust Law Institute 2017: Developments and Hot Topics.”

Peter Rankin, Ph.D.

Vice President, Charles River Associates

Dr. Peter J. Rankin is a Vice President in the Life Sciences Practice at Charles River Associates (“CRA”). Specializing in economic and strategic evaluation, his pharmaceutical research includes assessment of patent extension antitrust claims, class certification analysis, monetary damages from commercial and intellectual property disputes, international arbitration involving contract disputes, evaluation of blood/plasma market dynamics, product line valuation, and product reimbursement strategies. In addition, Dr. Rankin has authored public and proprietary policy evaluation projects involving healthcare reform, reimbursement methodologies, antitrust exemptions, research and development incentives, and research productivity. Dr. Rankin has served as an expert in litigation and arbitration, and has testified before Congress.
While at CRA, Dr. Rankin has participated as a non-testifying expert on a number of engagements involving allegations of “pay-for-delay” patent settlements, including those involving ciprofloxacin, esomeprazole, and modafinil, among others.




Wyley Proctor

Partner, McCarter & English LLP

BPLA Antitrust Committee Co-Chair


Committee Co Chairs

Lawrence Cogswell, Hamilton Brook Smith Reynolds

Wyley Proctor, McCarter & English


Boston Patent Law Association
One Batterymarch Park, Suite 101
Quincy, MA 02169
Phone: 617.507.5570

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