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The Road Forward: Hatch-Waxman Litigation Settlements in the Wake of FTC v. Actavis

Product Code - LGA202
Speaker(s): Brian Sodikoff, Katten Muchin Rosenman LLP; Andrew G. Klevorn, Katten Muchin Rosenman LLP
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Recently, the U.S. Supreme Court handed down a precedential decision – Federal Trade Commission v. Actavis, Inc. – regarding the legality of reverse settlement payments that arise from Hatch-Waxman based patent litigations. This decision will impact future settlements and their treatment by the FTC. The faculty will provide an overview of the issue and the Supreme Court holding, followed by a more detailed analysis of its impact on the pharmaceutical industry.

Attendees will walk away with a heightened understanding of the impact this case has on pharmaceutical litigation settlements, including tips on how these settlements can be structured to reduce FTC scrutiny.

Educational Objectives:

• Thoroughly understand reverse settlement payments.
• Learn about the holding in FTC v. Actavis.
• Find out how this decision will impact future pharmaceutical litigation.
• Discover how to better negotiate and structure future settlements.

Who would most benefit from attending this program?

Outside Counsel, in-house counsel, business decision makers and related intellectual property professionals.

Program Level: Intermediate.

Credit Available: CLE. For more information, please click on the “CLE Credit” tab.

Brian Sodikoff, Katten Muchin Rosenman LLP; Andrew G. Klevorn, Katten Muchin Rosenman LLP

Brian Sodikoff, Katten Muchin Rosenman LLP
Brian Sodikoff is a partner in the Chicago office of Katten, where he advises clients on patent, trademark, copyright and trade secret matters. He is a registered patent attorney with extensive experience litigating patents in the pharmaceutical industry. Mr. Sodikoff assists clients in navigating the legal issues surrounding ANDA litigations, including the intricacies of FDA approval, exclusivity periods under Hatch-Waxman and the antitrust implications stemming from settlements. He also leads his firm’s IP pro bono group, which counsels digital start-up companies at the 1871 business incubator on patent-related matters.

Mr. Sodikoff earned a J.D., summa cum laude, from DePaul University College of Law and a B.S. from Vanderbilt University. He is admitted to practice in Illinois.

Andrew G. Klevorn, Katten Muchin Rosenman LLP
Andrew Klevorn is also a partner with Katten. As an experienced antitrust and commercial trial lawyer, he plays a principal role in antitrust grand jury investigations, class actions and other civil and criminal antitrust matters. Mr. Klevorn counsels clients with respect to the antitrust aspects of proposed mergers and acquisitions, assisting clients in a wide variety of industries. In his more than 25 years in practice, Mr. Klevorn has represented clients before state and federal courts, the Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ).

Mr. Klevorn earned a J.D., magna cum laude, from the University of Michigan Law School and a B.A., with honors, from The University of Chicago. He is admitted to practice in Illinois.

This program’s CLE-credit eligibility varies by state. Bloomberg BNA is an accredited provider in the states of New York*, California, Pennsylvania, Texas and Virginia, and most other jurisdictions grant CLE credit on a per-program basis. At this time, Bloomberg BNA does not apply directly to the states of Florida, Rhode Island, Montana and Hawaii although credit is usually available for attorneys who wish to apply individually. Additionally, the following states currently do not grant credit for Bloomberg BNA OnDemand programming: Arkansas, Ohio, Nebraska, and Delaware. All requests are subject to approval once the live webinar has taken place or the customer has viewed the OnDemand version. Please contact the Bloomberg BNA accreditations desk if you have specific questions that have not been addressed.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditation Coordinator.

Hardship Policy
For information regarding Bloomberg BNA’s Hardship Policy, please visit the Continuing Education Information page.

For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at

*Bloomberg BNA is an accredited provider in New York for experienced attorneys only.