Brief Amici Curiae of 82 Law, Economics, Business, and Medical Professors in Support of Respondent PDF Download
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Author: Michael A. Carrier
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Languages : en
Pages : 0
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In FTC v. Actavis, the Supreme Court issued one of the most important antitrust rulings in the past generation, finding that settlements by which brand firms pay generics to delay entering the market could violate antitrust law. In March, the FTC applied Actavis for the first time, issuing a comprehensive ruling that offered a ringing bipartisan (5-0) condemnation of this behavior.Impax has appealed to the Fifth Circuit, seeking to overturn this ruling. This brief, filed on behalf of 82 professors of law, economics, business, and medicine, highlights Impax's four erroneous foundations, which seek to (1) overturn Actavis; (2) downplay Impax's concession that Endo made a reverse payment to delay entry; (3) ignore its role in delayed competition; and (4) remake antitrust law to immunize blatantly anticompetitive behavior.The brief requests that the Fifth Circuit affirm the FTC's opinion, which is supported by Actavis, real-world evidence, and longstanding antitrust principles.
Author: Michael A. Carrier
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Languages : en
Pages : 0
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In FTC v. Actavis, the Supreme Court issued one of the most important antitrust rulings in the past generation, finding that settlements by which brand firms pay generics to delay entering the market could violate antitrust law. In March, the FTC applied Actavis for the first time, issuing a comprehensive ruling that offered a ringing bipartisan (5-0) condemnation of this behavior.Impax has appealed to the Fifth Circuit, seeking to overturn this ruling. This brief, filed on behalf of 82 professors of law, economics, business, and medicine, highlights Impax's four erroneous foundations, which seek to (1) overturn Actavis; (2) downplay Impax's concession that Endo made a reverse payment to delay entry; (3) ignore its role in delayed competition; and (4) remake antitrust law to immunize blatantly anticompetitive behavior.The brief requests that the Fifth Circuit affirm the FTC's opinion, which is supported by Actavis, real-world evidence, and longstanding antitrust principles.
Author: Ted M. Sichelman
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Languages : en
Pages : 0
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TC Heartland v. Kraft Foods, currently pending at the U.S Supreme Court, concerns where patent owners can file suit against corporate defendants. This amicus brief considers and analyzes the policy issues at stake in this case. It concludes that the current venue rule, which allows patent owners to sue corporate defendants in any district in which personal jurisdiction lies, should be retained. First, rigorous empirical analysis shows that limiting venue in the manner proposed by the Petitioner in this case would not have any meaningful effect on the existing concentration of patent cases among the lower courts. Instead, it would primarily shift patent cases from one jurisdiction that is relatively favorable to patent owners to two jurisdictions that are relatively less favorable. Second, Congress has effectively rejected concerns over “forum shopping” and “forum selling” in adopting a statutory venue rule that corporate defendants in nearly every type of federal civil case may be sued anywhere personal jurisdiction lies. This rule is sensible, because corporate defendants should be subject to suit where they have committed substantial harmful acts. There is no reliable, systematic evidence to show that “forum shopping” or “forum selling” in patent law is exceptional when compared to other areas of law so as to justify a special venue rule. Third, even if patent suits were exceptional, only Congress is in a position to craft a rule that meaningfully distributes cases among the various district courts and that is equitable to patent owners and accused infringers alike.
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Languages : en
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Author: Michael A. Carrier
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Languages : en
Pages : 23
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In re Wellbutrin XL Antit ...
Author: Jonathan Barnett
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Languages : en
Pages : 48
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Patent transactions are a key component of technology markets, enabling patent owners and other firms to efficiently commercialize new technologies on the costly and risky path from “lab” to “market.” Mandatory patent exhaustion without the possibility of contractual waiver or modification substantially limits the range of possible transactions by precluding the enforcement via patent infringement actions of downstream restrictions relating to sales of patented products. Although mandatory patent exhaustion can mitigate problems of notice and related transaction costs, its categorical approach substantially reduces the static and dynamic benefits -- including to consumers -- of customized patent transactions. Instead, we support a presumptive approach to patent exhaustion, which allows contractual opt-out when clear notice is provided of a downstream limitation that is otherwise lawful. Such a rule best promotes the invention and commercialization goals of patent law and also is more consistent with the body of prior Supreme Court opinions. Thus, presumptive exhaustion should apply to domestic sales of patented products. Additionally, we argue that while there is little legal basis for exhaustion in the context of foreign sales, should the Supreme Court adopt an international exhaustion doctrine, it should be presumptive for similar reasons.
Author: Michael A. Carrier
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Languages : en
Pages : 45
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In FTC v. Actavis, the Su ...
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Languages : en
Pages : 0
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