Accordingly, pharmaceutical companies should focus any patent litigation settlement agreements on the entry date of the generic drug company or market rate for services rendered by the generic drug company. Plaintiffs wishing to challenge such agreements must allege facts sufficient for a court to evaluate the size and justification, or lack thereof, of the reverse payment. Endnotes [1] GSK and Teva have petitioned the Supreme Court for review. [2] Under the Hatch-Waxman Act, the first generic drug company that files an ANDA with a paragraph IV certification will enjoy a 180-day exclusivity period, where no other generic drug company can compete with the brand name drug. © 2016 Perkins Coie LLP CONTACTS Shylah R. Alfonso Partner Seattle D +1.206.359.3980 K. Reed Willis Associate Phoenix D +1.602.351.8071 Related Services Antitrust & Unfair Competition Litigation Patent Litigation Commercial Litigation © 2016 Perkins Coie LLP .