The $885 Million Question: Actavis and the Circularity Problem

The Fatal Flaw in *Actavis* (Exposed by Takeda)

In 30 Seconds

• The Supreme Court in FTC v. Actavis held that large payments signal weak patents

• But to determine whether a payment is “large,” courts must already know patent strength

• That creates a circular liability test with no accepted methodology

• In Takeda, the jury resolved this gap by selecting a but-for entry date from competing scenarios

• The result: …