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What's the Point? The Future of Litigation

Susan T. Dwyer and Ronald J. Levine of Herrick, Feinstein write: Early case analysis, with the use of the decision tree analysis, is the most cost-effective way to approach a case, rather than merely plowing ahead with the traditional serve an answer, then a motion, then settle or try the case.

Reverse Payments, 'Actavis' and Settlement of Hatch-Waxman Disputes

Stephen J. Elliott of Sullivan & Cromwell writes: The 'Actavis' decision, and the flexibility of the rule of reason approach on which it relies, create new uncertainty as to whether a given reverse-payment agreement is lawful or not. Thus, 'Actavis' will likely deter parties from including reverse payments in their settlements, making settlement of Hatch-Waxman patent cases more difficult.