Peter Hutt and Catherine Creely Author False Claims Act Article for Washington Legal Foundation Publication

Akin Gump litigation partner Peter Hutt and counsel Catherine Creely have co-authored the article “Will Novel Challenge to ‘Reverse-Payment’ Patent Settlement Expand False Claims Act Liability?” which was published by Legal Opinion Letter, a publication of the Washington Legal Foundation. The article looks at a recent False Claims Act case that could, according to Hutt and Creely, lead to “a slew of similar suits in the future.”

The plaintiff, despite voluntarily dismissing the lawsuit before the court ruled on its viability, had targeted a category of settlements known as “reverse-payment” agreements, which “the Federal Trade Commission and private plaintiffs have contested under federal and state antitrust laws for several years.” Hutt and Creely write that “this kind of lawsuit will face many challenges” in the future.”

The authors observe that the case “serves as a pointed reminder that enterprising plaintiffs’ counsel will continue pursuing qui tam suits that stretch the False Claims Act far beyond its original purpose.” They add, however, that “the antitrust laws already provide federal officials with ample authority to pursue allegedly anticompetitive reverse-payment agreements and recover damages if those agreements harm the public.”