Author: Michael Carrier

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2288618 Innovation is crucial to the U.S. economy. But many of our laws and policies are not promoting innovation. This Essay addresses this problem. The first set of proposals focuses on copyright law. The recommendations avoid vague copyright law and suggest the elimination of statutory damages and personal liability in cases of secondary infringement. The … Continue reading Increasing Innovation Through Copyright Common Sense and Better Government Policy…

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2302438 This short piece responds to Alan Morrison’s post on SCOTUSblog that the Supreme Court’s Actavis decision is unclear because of its emphasis on “large and unjustified” payments. The piece first explains that the payments at issue in “reverse payment” cases are, by definition, likely to be large since payments less than the average $5 … Continue reading Actavis and “Large and Unjustified” Payments…

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2293867 This short article summarizes FTC v. Actavis, the first case in which the Supreme Court analyzed the antitrust legality of agreements by which brand-name drug companies pay generics to settle patent litigation and delay entering the market.It concludes that the ruling must be counted as a win for the FTC since the most likely … Continue reading The US Supreme Court Issues First Ruling on Antitrust Legality of Reverse-Payment Drug Patent Settlements (Actavis)…

On both sides of the Atlantic, brand-name drug companies have paid generics to delay entering the market. The week of June 17, 2013 will go down as potentially the most important week ever in the history of challenges to this activity. On Monday, the U.S. Supreme Court found that such “pay for delay” (or “reverse … Continue reading It’s Settled: Pay-for-Delay Challenges Had a Big Week…

One of the most complex and important issues involving antitrust and intellectual property involves agreements by which brand-name drug firms pay generics to stay off the market. In its Actavis decision (and in contrast to multiple appellate court decisions), the Supreme Court affirmed that this behavior can violate the antitrust laws. This post for IP … Continue reading The Supreme Court’s Actavis Decision, Or Why Pay-for-Delay Litigation Just Got More Active…