Topic
Reverse Payment Settlements
45 published works
Antitrust Alert
Update on Reverse Payment Settlements
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…
Antitrust Law Blog
Indirect Purchaser Plavix Class Actions Tossed for Lack of Antitrust Standing
On January 31, 2011, the District Court for Southern District of Ohio granted defendants' Rule 12(b)(6) motion, dismissing indirect purchaser class actions that challenged proposed reverse payment agreements as anticompetitive…
Healthcare Law Blog
The Latest Advance in the Debate Over Reverse Payment Settlements: Will the Supreme Court Punt, Again?
By Sheppard Mullin, Ethan Stanislawski
On April 24, 2009, a group of professors of law, economics and business, together with the American Antitrust Institute, the Public Patent Foundation, and AARP (collectively "amici") filed an amicus…
Antitrust Law Blog
FTC Gets Shut Down – Once Again – In Its Bid To Change How Courts View Reverse Payment Settlements
As previously reported on this blog, in January 2009, the Federal Trade Commission launched its latest challenge to the legality of reverse payment settlements in the pharmaceutical industry, this time…
Antitrust Law Blog
DOJ Formally Aligns Itself With FTC In Opposition To Reverse Payment Settlements
The new Department of Justice, with Christine Varney at the helm of its antitrust division, has changed course to finally (and formally) align itself with the Federal Trade Commission in…
Antitrust Law Blog
The FTC’s Latest Remarks In Opposition To Reverse Payment Settlements: Banning Them Would Save Consumers $35 Billion
The Federal Trade Commission's Chairman, Jon Leibowitz, continued the FTC's aggressive campaign against reverse payment settlements (also called "pay-for-delay" or "exclusion" settlements) by delivering a speech at the Center for…
The Contingency
Antitrust Division Presumes “Reverse Payment” Deals Unlawful (Update)
The Antitrust Division at the U.S. Department of Justice yesterday filed a brief that the Second Circuit asked for in a case involving "reverse payments" to settle a patent lawsuit. RPs let…
Antitrust, Competition and Trade
Reverse Payment Issue Continues to Sizzle
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…
Antitrust, Competition and Trade
Reverse Payments – Hot Button Issue
The issue of a patent litigation settlement in the form of payments by a brand name drug company to the defendant to delay marketing a generic version of its brand…
Antitrust Law Blog
The Latest Advance in the Debate Over Reverse Payment Settlements: Will the Supreme Court Punt, Again?
On April 24, 2009, a group of professors of law, economics and business, together with the American Antitrust Institute, the Public Patent Foundation, and AARP (collectively "amici") filed an amicus…