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Author:
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 44
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Book Description
The case concerns a decision by a divided panel of the Appeals Court upholding the dismissal of an antitrust challenge to a patent litigation settlement between AstraZeneca, the manufacturer of tamoxifen citrate, the most widely prescribed drug for breast cancer treatment, and Barr Labs., a U.S. Food and Drug Administration applicant for a generic counterpart.
Author:
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 44
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Book Description
The case concerns a decision by a divided panel of the Appeals Court upholding the dismissal of an antitrust challenge to a patent litigation settlement between AstraZeneca, the manufacturer of tamoxifen citrate, the most widely prescribed drug for breast cancer treatment, and Barr Labs., a U.S. Food and Drug Administration applicant for a generic counterpart.
Author: John H. Bogart
Publisher: American Bar Association
ISBN: 9781604425444
Category : Law
Languages : en
Pages : 104
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Book Description
Author:
Publisher: American Bar Association
ISBN: 9781604420500
Category : Antitrust law
Languages : en
Pages : 436
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Book Description
Author: Amalia Athanasiadou
Publisher: Kluwer Law International B.V.
ISBN: 9403501146
Category : Law
Languages : en
Pages : 349
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Book Description
Reverse payment settlements or “pay-for-delay agreements” between originators and generic drug manufacturers create heated debates regarding the balance between competition and intellectual property law. These settlements touch upon sensitive issues such as timely generic entry and access to affordable pharmaceuticals and also the need to preserve innovation incentives for originators and to strengthen the pipeline of life-saving pharmaceuticals. This book is one of the first to critically and comparatively analyse how such patent settlements and various other strategies employed by the pharmaceutical industry are scrutinised by both United States (US) and European courts and enforcement authorities, and to discuss the applicable legal tests and the main criteria used for their assessment. The book’s ultimate objective is to provide guidance to the pharmaceutical industry regarding the types of patent settlements, strategies and conduct which may be problematic from US antitrust and European Union (EU) competition law perspectives and to assist practitioners in structuring settlements which are both efficient and compliant. To this end, an exhaustive legal analysis of some of the most controversial issues regarding pharmaceutical patent settlements is provided, including: – the lengthy split among US Circuit Courts on the issue of pay-for-delay settlements, its resolution by the US Supreme Court in FTC v. Actavisand subsequent jurisprudence; – the decision of Lundbeck v. Commissionby the European General Court and the Servier decision of the European Commission; – the Roche/Novartisdecision of the European Court of Justice and the most important decisions by National Competition Authorities on pharma patent settlements in the EU; – an overview of other types of strategies such as product-hopping and product reformulations, no-authorised generic commitments, problematic side-deals, mechanisms affecting generic substitution; – the rejection of the “scope of the patent” test in both the US and the EU and the balancing of patent law and antitrust law considerations in the prevailing applicable tests; – the benefits of settlements and the main criteria for assessing their legitimacy under US antitrust and EU competition law. The analysis provides concrete examples of both illegitimate and legitimate settlements and strategies, emphasising on conduct that falls within a grey zone and on the circumstances and criteria under which such conduct could be deemed problematic from an antitrust perspective. This book will serve as a valuable guide for pharmaceutical companies wishing to minimise the risk of engaging in conduct that could potentially infringe US antitrust and EU competition law. It further aims to save courts and enforcement agencies and also practitioners and academics considerable time and resources by providing an exhaustive analysis of the relevant caselaw, with the ultimate goal to increase legal certainty on the most controversial aspects of patent settlements in the pharmaceutical industry.
Author: Christopher R. Leslie
Publisher:
ISBN: 0195337190
Category : Law
Languages : en
Pages : 702
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Book Description
In Antitrust Law and Intellectual Property Rights: Cases and Materials, Christopher R. Leslie describes how patents, copyrights, and trademarks confer exclusionary rights on their owners, and how firms sometimes exercise this exclusionary power in ways that exceed the legitimate bounds of their intellectual property rights. Leslie explains that while substantive intellectual property law defines the scope of the exclusionary rights, antitrust law often provides the most important consequences when owners of intellectual property misuse their rights in a way that harms consumers or illegitimately excludes competitors. Antitrust law defines the limits of what intellectual property owners can do with their IP rights. In this book, Leslie explores what conduct firms can and cannot engage in while acquiring and exploiting their intellectual property rights, and surveys those aspects of antitrust law that are necessary for both antitrust practitioners and intellectual property attorneys to understand. This book is ideal for an advanced antitrust course in a JD program. In addition to building on basic antitrust concepts, it fills in a gap that is often missing in basic antitrust courses yet critical for an intellectual property lawyer: the intersection of intellectual property and antitrust law. The relationship between intellectual property and antitrust is particularly valuable as an increasing number of law schools offer specializations and LLMs in intellectual property. This book also provides meaningful material for both undergraduate and graduate business schools programs because it explains how antitrust law limits the marshalling of intellectual property rights.
Author: Hovenkamp, Janis, Lemley, Leslie, Carrier
Publisher: Wolters Kluwer
ISBN: 1454885289
Category :
Languages : en
Pages : 3280
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Book Description
Author: Paul B. Hewitt
Publisher: American Bar Association
ISBN: 9781590316986
Category : Law
Languages : en
Pages : 380
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Book Description
Among other topics, the 2005 Annual Review discusses: - The Supreme Court's decision in Reeder-Simco, the Court's first R-P case in more than a decade; - The Sixth Circuit's Northwest Airlines decision remanding a predatory pricing case for trial; - Divergent court decisions upholding and condemning reverse payments patent litigation settlements; - FTC adjudicatory opinions addressing consummated mergers and price fixing; - FTC and DOJ appellate victories in joint venture, partial acquisition, and exclusive dealing cases; - Key court of appeals decisions discussing bankruptcy antitrust issues, the Illinois Brick co-conspirator exception, antitrust immunities, predatory overbidding, and class action and other procedural issues; - The court decision in Wal-Mart v. Visa approving the largest antitrust settlement in history; and more.
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Competition Policy, and Consumer Rights
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 184
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Book Description
Author:
Publisher: DIANE Publishing
ISBN: 1428951938
Category :
Languages : en
Pages : 129
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Book Description
Author: Christina Bohannan
Publisher: Aspen Publishers Online
ISBN: 0735575487
Category :
Languages : en
Pages : 2686
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Book Description
