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Eleventh Circuit turns aside FTC challenge to pay-for-delay deal

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 3 2012

The Eleventh Circuit Court of Appeals has dismissed an antitrust action filed by the Federal Trade Commission (FTC) against a name-brand prescription drug manufacturer (the patent holder) and generic drug companies that entered into pay-for-delay agreements to settle patent infringement claims filed against the generic drug companies

SCOTUS sides with FTC in reverse payment deals

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 20 2013

A divided U.S. Supreme Court has determined that patent-infringement settlement agreements requiring the patentee to pay the claimed infringer

FTC proposes new test for transfers of pharma patents to trigger antitrust review

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 16 2012

The Federal Trade Commission has issued for public comment a notice of proposed rulemaking that is intended to clarify “when a transfer of exclusive rights to a patent in the pharmaceutical industry results in a potentially reportable asset acquisition under the Hart Scott Rodino (HSR) Act.”

CRS report focuses on pharmaceutical patent settlements

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 1 2013

The Congressional Research Service (CRS) recently issued a report titled "Pharmaceutical Patent Settlements: Issues in Innovation and