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FTC continues to fight controversial reverse payments

  • Hogan Lovells
  • -
  • USA
  • -
  • October 27 2011

Over the past few years the Federal Trade Commission has placed a high priority on reining in pharmaceutical litigation settlements that involve payments from the branded company to the generic company, together with an agreed date for generic entry

Passing offense by Supreme Court hits healthcare provider post-reform collaboration

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • June 10 2010

Healthcare joint ventures formed by competing providers are likely to come under increased scrutiny following a rare unanimous decision by the U.S. Supreme Court on May 24, 2010

FTC gets shut down - once again - in its bid to change how courts view reverse payment settlements

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • June 3 2010

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 directed at two settlements involving the brand-name drug AndroGel

Second Circuit invites rehearing in reverse settlement case

  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • -
  • USA
  • -
  • May 6 2010

In a recent decision regarding the validity of so-called “reverse settlement” agreements, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiffs’ antitrust claims on summary judgment, but took the unusual step of inviting plaintiffs to petition for rehearing by the full Court of Appeals

Health care reform includes Biologics Price Competition and Innovation Act of 2009

  • Dechert LLP
  • -
  • USA
  • -
  • April 16 2010

President Obama signed into law on March 23, 2010 the Patient Protection and Affordable Care Act, which included the Biologics Price Competition and Innovation Act of 2009 ("Biologics Act"

The FTC loses yet another “reverse payment” case

  • Hogan Lovells
  • -
  • USA
  • -
  • March 11 2010

On February 22, 2010, the U.S. District Court for the Northern District of Georgia dismissed an antitrust challenge brought by the FTC and private plaintiffs to a so-called “reverse payment” patent settlement relating to the drug Androgel

Court rejects FTC challenge to reverse settlement agreement

  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • -
  • USA
  • -
  • March 1 2010

On February 22, a federal district court rejected claims by the Federal Trade Commission and private plaintiffs that a "reverse settlement" agreement between pharmaceutical companies violated the antitrust laws

Where there is an "at-will," there is a way

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • February 17 2010

A market share discount engaged in by an alleged monopolist, coupled with a new product innovation that was not compatible with competitor's products, passes Sherman Act scrutiny

Court allows claims to proceed based on alleged overall monopolization scheme

  • Hogan Lovells
  • -
  • USA
  • -
  • February 4 2010

On August 8 2009 the US District Court for the District of New Jersey denied a motion to dismiss by the defendants in In re Neurontin Antitrust Litigation, a case filed against Warner-Lambert (now owned by Pfizer), based on allegations that Warner-Lambert had fraudulently obtained patents and pursued sham patent litigation relating to its drug Neurontin

FTC report on drug company "pay-for-delay" agreements

  • Reed Smith LLP
  • -
  • USA
  • -
  • January 27 2010

The Federal Trade Commission has released a "staff study" entitled "Pay for Delay: How Drug Company Pay-Offs Cost Consumers Billions."