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French Competition Authority refuses request for interim relief in generic's challenge to originator's practices
- Hogan Lovells
- -
- France
- -
- July 16 2010
On 17 May 2010, Teva's complaint against Sanofi-Aventis suffered a setback when the French Competition Authority denied Teva's request for interim relief
Courts split on whether to dismiss sham litigation antitrust claims
- Hogan Lovells
- -
- USA
- -
- July 16 2010
Two federal district courts have recently ruled on the sufficiency of claims brought by parties alleging that brand name drug manufacturers brought "sham" patent infringement litigation against them in violation of antitrust laws, in order to forestall generic entry
Reckitt Benckiser admits infringing UK and European competition law by withdrawing and de-listing Gaviscon original liquid from the NHS prescription channel
- Hogan Lovells
- -
- United Kingdom
- -
- December 2 2010
An investigation by the U.K. Office of Fair Trading (OFT) has highlighted whether certain practices associated with product development and regulatory andor patent protection for successor drugs so-called "lifecycle management" can be challenged under UK and EU competition law
Third Circuit rules in favour of FTC view on pharmaceutical patent settlements
- Hogan Lovells
- -
- USA
- -
- August 9 2012
The US Court of Appeals for the Third Circuit recently issued a decision holding that pharmaceutical patent settlements that restrict generic entry and contain a payment to the generic company are presumptively unlawful under the antitrust laws
European court upholds Commission case against AstraZeneca relating to Losec, but reduces fine
- Hogan Lovells
- -
- European Union
- -
- July 16 2010
On 1 July 2010, the General Court of the European Union (the "General Court") handed down its eagerly awaited judgment in relation to AstraZeneca's appeal against a 2005 decision of the European Commission (the "Commission") finding that AstraZeneca had abused its dominant position by blocking or delaying generic versions of its drug Losec
European Commission issues first report on patent settlements
- Hogan Lovells
- -
- European Union
- -
- July 16 2010
On 5 July 2010, the European Commission (the "Commission") published its first report on its monitoring of patent settlements in the pharmaceutical sector (the "Report"
Uk Office of Fair Trading investigates product switching strategies
- Hogan Lovells
- -
- United Kingdom
- -
- July 16 2010
Lifecycle management involving product development and regulatory andor patent protection for successor drugs is an important aspect of the business plan of most research-based pharmaceutical manufacturers
Second Circuit panel urges reconsideration of precedent on antitrust treatment of patent settlements
- Hogan Lovells
- -
- USA
- -
- July 16 2010
A panel for the United States Court of Appeals for the Second Circuit, in an unusual move, urged plaintiffs in an antitrust case challenging a so-called "reverse payment" patent settlement to file an en banc petition to the Second Circuit to reconsider its existing precedent concerning such settlements
Update on "reverse payment" patent settlements: split between FTC and courts continues as Second Circuit declines to reverse course
- Hogan Lovells
- -
- USA
- -
- December 2 2010
The FTC is continuing its longstanding effort to stop patent settlements with so-called "reverse payments," but the courts continue to analyze these settlements more leniently than the FTC
Eleventh Circuit deals FTC another setback in Androgel “reverse payment” case
- Hogan Lovells
- -
- USA
- -
- June 12 2012
On 25 April, the United States Court of Appeals for the Eleventh Circuit unanimously affirmed a district court’s dismissal of the FTC’s antitrust challenge to a so-called "reverse payment" patent settlement involving Solvay Pharmaceutical’s drug Androgel
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