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Pay for Delay

47 published works

  1. Antitrust Alert

    Update on Reverse Payment Settlements

    By McDermott Will & Emery

    by William Diaz, Raymond A. Jacobsen, Joseph F. Winterscheid and Jeffrey W. Brennan On October 31, 2011, a California state court of appeal affirmed a lower court's ruling upholding a "reverse payment" (pay-for-delay) settlement between…

  2. Dangerous Drugs & Medical Devices

    Pay-to-Delay Is Still OK

    By Justinian Lane

    A common but unfounded criticism of product liability lawyers is that they keep needed drugs off the market.  Actually, it’s the drug companies who do so by engaging in pay-to-delay. …

  3. Dangerous Drugs & Medical Devices

    Enading Pay-to-Delay deals will save taxpayers billions of dollars… and may save some lives, too.

    By Justinian Lane

    Pay-to-delay deals help no one and nothing outside of the bottom lines of a few big pharmaceutical companies.  Here’s hoping they go away soon… FOR TOO LONG, pay-for-delay settlements have…

  4. Antitrust, Competition and Trade

    Banning “Pay-For Delay” Settlements and Resale Price Maintenance are Senate Antitrust Subcommittee’s Top Legislative Priorities

    By Sheppard Mullin

    In a recent interview, Senator Herb Kohl (D-Wis.), Chairman of the Senate Judiciary Committee's subcommittee on antitrust, competition policy and consumer rights, discussed the subcommittee's legislative priorities for 2010. At the…

  5. Health Industry Washington Watch

    FTC Report on Drug Company “Pay-for-Delay” Agreements

    By Debra A. McCurdy

    The Federal Trade Commission has released a “staff study” entitled “Pay for Delay: How Drug Company Pay-Offs Cost Consumers Billions.” The report examines agreements in patent litigation settlements in which a…

  6. Antitrust Law Blog

    FTC Chair Calls for Ban to Pay-For-Delay Settlements

    By Sheppard Mullin

    On January 13, 2010, the Federal Trade Commission released a study critical of “pay-for-delay” patent litigation settlements by which brand-name drug companies pay generic competitors to keep generic drugs off…

  7. Antitrust, Competition and Trade

    Reverse Payment Issue Continues to Sizzle

    By Sheppard Mullin

    We reported recently that the issue of reverse settlement payments to generic drug manufacturers was continuing to heat up this summer.  FTC Chairman Jon Leibowitz’s recent comments on the issue…