RIIPL conference: After Actavis: Litigating Reverse Payments Register Now Since the landmark United States Supreme Court decision in FTC v. Actavis, courts use the rule of reason to scrutinize payments from brand drug companies to generic drug companies in settling patent infringement cases. But how should they do so? What must plaintiffs show to invoke … Continue reading RIIPL conference: Feb. 27 at USF Law School…
Author: Michael Carrier
iPod trial and Steve Jobs
Steve Jobs was a revolutionary. One of the creative geniuses of all time. But did he lead his company into an antitrust violation by forcing consumers to pay more for iPods and prevent the devices from playing songs from rivals’ music stores? That is the issue that a jury is confronting in the iPod antitrust … Continue reading iPod trial and Steve Jobs…
Pharmaceutical Antitrust Complexity
The pharmaceutical industry is unique in its complexity. Markets are nuanced. Multiple regulatory regimes apply. Generic entry is an event with dramatic consequences. These characteristics have encouraged brand-name drug firms to engage in an array of conduct that exploits this complexity to delay generic entry. In this essay, I discuss these issues, focusing on two … Continue reading Pharmaceutical Antitrust Complexity…
Oral argument in 1st appellate case to consider payment under Actavis
In FTC v. Actavis, the Supreme Court held that a brand payment to a generic to delay entering the market could have “significant anticompetitive effects” and violate the antitrust laws. In a narrow, formalistic ruling, the New Jersey district court in In re Lamictal held that such payments were limited to cash. On November 19, … Continue reading Oral argument in 1st appellate case to consider payment under Actavis…
How Not To Apply Actavis
One of the most pressing issues in patent and antitrust law involves agreements by which brand-name drug companies pay generic firms to delay entering the market. In FTC v. Actavis, the Supreme Court held that these settlements could violate the antitrust laws. And while the Court introduced a blueprint for analyzing the agreements, it anticipated … Continue reading How Not To Apply Actavis…