Why a ‘Large and Unjustified’ Payment Threshold is Not Consistent with Actavis

FTC v. Actavis was a landmark antitrust decision. In rejecting the “scope of the patent” test that had immunized settlements by which brand-name drug firms pay generic companies to delay entering the market (“exclusion payment settlements”), the Supreme Court made clear that such agreements “tend to have significant adverse effects on competition” and could violate … Continue reading Why a ‘Large and Unjustified’ Payment Threshold is Not Consistent with Actavis

Lastowka Writing Competition

Rutgers Institute for Information Policy and Law is pleased to announce the Lastowka Short-Form Writing Competition. Open to Rutgers students and recent graduates (class of 2015), the award will be given to an entry of 500-1,500 words on a topic of intellectual property or information policy more broadly. Professor Greg Lastowka (1968-2015) will be remembered … Continue reading Lastowka Writing Competition

Thank you, Professor Lastowka

Well, Greg, the funeral is over. We’re back to our lives. The memory of your physical presence will grow more distant with each passing day. But that is how you would want it. “Too much attention on me!” you would say. “Not deserved” you would continue. You would mean it from the bottom of your … Continue reading Thank you, Professor Lastowka

New article on Loestrin pay-for-delay case

Issues of pay-for-delay settlements are percolating in the courts: California Supreme Court, 3rd Circuit, district courts. Next up: the the 1st Circuit, reviewing the dangerous Loestrin decision. In In re Loestrin 24 FE Antitrust Litigation, the U.S. District Court for the District of Rhode Island issued a concerning ruling on drug patent settlements. The court … Continue reading New article on Loestrin pay-for-delay case