Topic
Pay for Delay
47 published works
Dangerous Drugs & Medical Devices
Pay to Delay vs. Generic Liability
So, the Supreme Court will decide two interesting cases. The one below will decide whether or not a brand name manufacturer can simply pay generic companies not to bring generic…
Focus on Regulation
FTC Issues Annual Overview of Pharmaceutical Patent Settlements
According to a report issued by the FTC yesterday, a record number of settlements between brand name and generic drug manufacturers reported to the Commission last year potentially constituted so-called…
Antitrust Alert
U.S. Supreme Court to Rule on “Pay-for-Delay” Antitrust Issue
by Jeffrey W. Brennan and Wilko van Weert The Supreme Court of the United States has granted the government’s petition for a writ of certiorari in FTC v. Watson Pharmaceuticals,…
Intellectual Property News.com
Union Sues Glaxo, Teva Over Lamictal Pay-For-Delay Patent Deal
IPNews® - GlaxoSmithKline LLC and Teva Pharmaceutical Industries Ltd. were accused in a new class action in New Jersey federal court on Thursday of striking illegal deals to delay the…
The Brand Protection Blog
Pay-For-Delay Enforcement Heats Up in the Wake of In re K-Dur Antitrust Litigation
The Third Circuit’s decision in In re K-Dur Antitrust Litigation breathed new life into the FTC’s fight against pay-for-delay settlement agreements. Since that decision, the FTC has acted with renewed…
Antitrust Alert
Extending K-Dur’s Reach? FTC Files Amicus Brief Arguing that Pharmaceutical Patent Litigation Settlements Containing “No-AG” Provisions are Anticompetitive
by Jeffrey W. Brennan The Federal Trade Commission (FTC) filed an amicus brief on October 9 in U.S. District Court (D.N.J.). In it, the FTC spells out its arguments why,…
The Brand Protection Blog
Third Circuit Finds Pay-for-Delay Settlements Prima Facie Unlawful
The Third Circuit's opinion on July 16, 2012, in In re K-Dur Antitrust Litigation, sharpened the divide between the circuits on the appropriate antitrust treatment of pay-for-delay patent settlements by…
The Contingency
Pay-for-Delay Claim Lives to Fight Another Day, Third Circuit Rules; Circuit Split Widens
K-Dur treats low potassium. We think. Since 2003, the Federal Trade Commission has fought a losing battle to halt bargains in which a brand-name drug-maker pays a generic competitor to put off entering the market. Pacts…
Life Sciences Legal Insights
California Supreme Court to Hear Cipro “Pay-For-Delay” Case
The California Supreme Court will review the legality of so-called “pay-for-delay” settlements, whereby brand-name pharmaceutical manufacturers pay other companies to delay release of a generic version of a patented drug.…
Antitrust Alert
Focus on Antitrust IP
FTC Staff Report Summarizes Recent Pay-for-Delay Settlements by James Buchanan Camden On October 25, 2011, the Federal Trade Commission (FTC) Bureau of Competition staff released a report providing an overview…