Category: Announcements

The Fifth Circuit today gave the FTC (and U.S. consumers) a huge win today in finding that Endo and Impax entered into a pay-for-delay settlement that delayed the entry of opioid Opana ER. The opinion reached the result suggested by Prof. Michael Carrier in his brief on behalf of 82 professors. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3504773 Link to opinion…

Standards, common platforms allowing products to work together, are ubiquitous in our economy. But imagine that a company: (1) has a patent needed to use a standard, (2) promises to license the patent on reasonable terms, and then (3) says it was just kidding as it seeks to block the product or charge an exorbitant … Continue reading Prof. Michael Carrier published “Rescuing Antitrust’s Role in Patent Holdup” in the University of Pennsylvania Law Review Online…

Competition is the key to low prices in the pharmaceutical industry. For decades, Americans have benefited from affordable generic versions of brand-name drugs. But now, we stand poised on the wave of a revolution. Biologics, which include lifesaving cancer-treating drugs, can cost hundreds of thousands of dollars per year and are forecast to be the … Continue reading Prof. Michael Carrier published “Don’t Die! How Biosimilar Disparagement Violates Antitrust Law” in the Northwestern University Law Review Online…