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)…
Category: Blog
Cynical Use of “Transparency” in GOP FCC Reform Bill
The House Commerce Committee will hold a hearing tomorrow, July 11, on H.R. 3309, The FCC Process Reform Act. Like most of what happens in Congress these days, it’s a bit of show on a bill that will go nowhere in the Senate. Nevertheless, it’s worth noting a bit of Orwellian doublespeak in the bill … Continue reading Cynical Use of “Transparency” in GOP FCC Reform Bill…
It’s Settled: Pay-for-Delay Challenges Had a Big Week
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…
The Supreme Court’s Actavis Decision, Or Why Pay-for-Delay Litigation Just Got More Active
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…
Scandalous Privatization of Noncommercial TV Spectrum
About 20% of the hugely valuable TV spectrum — slated for auction in 2014 — is reserved for noncommercial stations. Only noncommercial stations (mostly owned by universities and community non-profits) can operate on this spectrum and when they sell, they must sell to other eligible noncommercial operators. Two years ago, Congress made the fateful … Continue reading Scandalous Privatization of Noncommercial TV Spectrum…