On July 27, 2012, WLF urged the California Supreme Court to reject a claim by plaintiffs that a routine agreement to settle a patent dispute amounts to a violation of California antitrust law. In a brief filed in support of innovator and generic drug manufacturers, WLF argued that any state court decision imposing liability on so-called “pay for delay” patent settlements would be preempted by federal patent laws because it would interfere with the objective Congress sought to achieve in adopting the patent laws—namely, to encourage innovation by rewarding those who expend the resources necessary to develop new products. WLF also argued that, far from being exposed to liability, parties ought to be encouraged to settle their patent disputes.

Awaiting decision.