This article is an effort to help courts and counsel fill in the gaps in the Supreme Court's recent decision in FTC v. Actavis. We identify and operationalize the essential features of the Court’s analysis. We describe the elements of a plaintiff’s affirmative case and justifications that may be offered by defendants. For private cases, we outline an appropriate procedure for evaluating damages and suggest specific jury instructions.
Available at: http://works.bepress.com/aaron_edlin/84/