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Results: 1-10 of 113

FTC reports “pay-for-delay” deal trend continuing

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 3 2011

The Federal Trade Commission (FTC) has found that the ongoing trend of drug companies settling claims filed by rival generic manufacturers with “pay-for-delay” deals is proceeding unabated

FTC report on Authorized Generic Drugs generates comment and concern

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 22 2011

The Federal Trade Commission has released a report titled “Authorized Generic Drugs: Short-Term Effects and Long-Term Impact,” in which the agency concludes that “pay-for-delay” agreements between name-brand drug manufacturers and generic drug makers is “a practice that causes substantial consumer harm” by keeping drug prices high

Parties to gene patent dispute change course by seeking U.S. Supreme Court review

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 20 2011

After filing petitions for rehearing before the Federal Circuit Court of Appeals panel that split over whether genetic discoveries can be patented, the parties have apparently changed course and indicated their intent to petition the U.S. Supreme Court for review

Federal Courts of Appeals conflict over validity of pay-for-delay deals

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 2 2012

The Third Circuit Court of Appeals issued a ruling in mid-July that found “any payment from a patent holder to a generic patent challenger who agrees to delay entry into the market must be treated by a factfinder as prima facie evidence of an unreasonable restraint of trade,” thus supporting the Federal Trade Commission’s (FTC’s) view that pay-for-delay deals that settle patent disputes between name-brand pharmaceutical companies and their generic drug competitors violate antitrust law

Federal Circuit says certain human genes may be patented

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 4 2011

In a ruling likely to be appealed to the U.S. Supreme Court, a divided Federal Circuit Court of Appeals panel has determined that genetic discoveries may, to a certain extent, be patented

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

News bytes

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 18 2012

The U.S. Patent and Trademark Office reopens the comment period on its proposed rulemaking and proposed examination guidelines, published on July 26, 2012, “to implement the first-inventor-to-file provisions of the Leahy-Smith America Invents Act.” Comments may now be submitted until November 5

Certiorari decision on patent eligibility for isolated DNA could be reached February 20

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

Briefing in Association for Molecular Pathology v. Myriad Genetics, Inc., No. 11-725 (U.S., petition for certiorari filed December 7, 2011), is now complete, and the U.S. Supreme Court is scheduled to consider the matter during its February 17, 2012, conference

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

Administration budget-cut plan includes reducing data exclusivity for biologic drugs

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • February 24 2011

Among other provisions included in President Barack Obama’s (D) $3.7 trillion budget proposal is a plan to give biotech drugs seven years of market exclusivity rather than the 12 years already in effect