In today's opinion, the Supreme Court reverses the 11th Circuit, which had dismissed the FTC's antitrust complaint. However, the Court declines to hold that reverse payment settlements are presumptively unlawful. Rather, they are to be reviewed under the rule of reason analysis. The FTC will be given a chance to prove its case. The vote was 5-3, with the majority opinion by Justice Breyer (Justice Alito is recused).
SCOTUSblog reports that this potential antitrust exposure "is likely to essentially put an end to such payments in the future." In the long run, this will hopefully make generic drugs more widely available.