context: Defendants argue that Actavis is "limited to reverse payment settlements in which the branded company pays cash to the generic company." Reply 5 (emphasis in original). Two district courts have granted motions to dismiss in post-Actavis cases on the grounds that the non-monetary settlement terms are not "payments."
citation_a.signal: see
citation_a.identifier: 2014 WL 4368924, at *10
citation_a.parenthetical: "Actavis should be applied only to cash settlements, or to their very close analogues."
citation_a.sentence: See In re Loestrin, 2014 WL 4368924, at *10 (“Actavis should be applied only to cash settlements, or to their very close analogues.”); see also In re Lamictal, 2014 WL 282755, at *9 (granting motion to dismiss antitrust claims because a reverse payment must be monetary). These cases are not persuasive because both turn on the court’s concern that the value of “a non-cash settlement, particularly one that is multifaceted and complex (like the arrangement here), is almost impossible to measure.” Id. at *9.
citation_b.signal: see also
citation_b.identifier: 2014 WL 282755, at *9
citation_b.parenthetical: granting motion to dismiss antitrust claims because a reverse payment must be monetary
citation_b.sentence: See In re Loestrin, 2014 WL 4368924, at *10 (“Actavis should be applied only to cash settlements, or to their very close analogues.”); see also In re Lamictal, 2014 WL 282755, at *9 (granting motion to dismiss antitrust claims because a reverse payment must be monetary). These cases are not persuasive because both turn on the court’s concern that the value of “a non-cash settlement, particularly one that is multifaceted and complex (like the arrangement here), is almost impossible to measure.” Id. at *9.