Law360, New York ( April 5, 2016, 10:50 AM EDT) -- The Federal Trade Commission recently weighed in again on the evolving interpretation of the U.S. Supreme Court's 2013 opinion in FTC v. Actavis, 133 S. Ct. 2223 (2013). The agency submitted an amicus brief to the Third Circuit in the appeal of the district court's September 2015 grant of summary judgment in In re Wellbutrin XL Antitrust Litigation, --- F. Supp. 3d ---- (E.D. Pa. Sept. 23, 2015). In Wellbutrin XL, direct and indirect purchaser plaintiffs brought antitrust claims against GlaxoSmithKline, the manufacturer of the antidepressant drug Wellbutrin XL, and Biovail, which owns rights to related patents (collectively, "Biovail"), in connection with Biovail's alleged "reverse payment" settlement of patent litigation with generic competitors that allegedly delayed the market entry of a generic version of the drug. On summary judgment, the district court in Wellbutrin XL dismissed the antitrust claims, finding that no reasonable jury could find the challenged agreement to be unlawful, and the plaintiffs appealed that ruling to the Third Circuit....