Tag: Pay for Delay
Antitrust and Intellectual Property: Recent Developments in the Pharmaceuticals Sector
William Michael, Aidan Synnott, Sep 24, 2009
During his campaign for the Presidency, then-Senator Barack Obama promised that he would direct his administration to reinvigorate...
CPI 5(2)
This Autumn 2009 issue marks several anniversaries; it is the tenth volume of CPI, the end of our fifth year, and the last issue...
Supreme Court Rules in Reverse Payment Case
Kevin Noonan, Sep 30, 2013
In June, the Supreme Court ruled 5-3 in favor of the Federal Trade Commission in FTC v. Actavis, Inc. Writing...
Reverse Payments After Actavis
John Bigelow, Sep 30, 2013
Thirteen years ago-in 2000-the Federal Trade Commission ("FTC") and private plaintiffs began fighting certain kinds of settlements that sometimes arise...
Consumer Welfare In Competition And Intellectual Property Law
Herbert Hovenkamp, Dec 20, 2013
Whether antitrust policy should pursue a goal of “general welfare” or “consumer welfare” has been debated for decades. The academic...
Evaluating the Size of Reverse Payments In Light of the Supreme...
James Langenfeld, Dec 30, 2013
Patent settlement agreements that involve payments from brand-name drug manufacturers to generic drug manufacturers (so called "reverse payments" or "pay...
European Commission Enforcement in the Pharmaceutical Sector: Less Than Expected? The...
Sean-Paul Brankin, Jul 27, 2012
On July 6, 2011, the European Commission closed the case file in itsBoehringer/Almirall investigation. It did so without a formal...
Pharmaceutical Patents, Settlements, Reverse Payments, and Exclusion: Update
John Bigelow, Jul 27, 2012
In the June issue of this Chronicle my fellow contributors and I described a trend in appellate court decisions involving...
Pharmaceutical Patents, Settlements, Reverse Payments, and Exclusion
John Bigelow, Jun 27, 2012
Cases involving pharmaceuticals settlements to patent litigation with so called "reverse payments" or, as the FTC now prefers to call...
Reverse Payment Settlements: Presumptively Bad or Usually Acceptable?
Kyle Musgrove, Richard Ripley, Jun 27, 2012
In April 2012, the Federal Trade Commission ("FTC") suffered yet another rebuke of what FTC Chair Jon Leibowitz...