In Re: Ciprofloxacin Hydrochloride Antitrust Litigation PDF Download
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Author:
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 40
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Book Description
The plaintiffs in In re: Ciprofloxacin hydrochloride (Cipro) Antitrust Litigation (consumers and advocacy groups), sued the the brand name antibiotic's manufacturer Bayer, and prospective manufacturers of cheaper generic version, claiming that the exclusion agreement under which proposed manufacturers agreed to defer entry into market until expiration of patent held by Bayer, in return for payments to be received from Bayer, was in violation of antitrust laws. This amicus brief supports the plaintiffs, arguing in part that the case should have been decided in federal circuit court and that exclusion payments are generally anticompetitive.
Author:
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 40
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Book Description
The plaintiffs in In re: Ciprofloxacin hydrochloride (Cipro) Antitrust Litigation (consumers and advocacy groups), sued the the brand name antibiotic's manufacturer Bayer, and prospective manufacturers of cheaper generic version, claiming that the exclusion agreement under which proposed manufacturers agreed to defer entry into market until expiration of patent held by Bayer, in return for payments to be received from Bayer, was in violation of antitrust laws. This amicus brief supports the plaintiffs, arguing in part that the case should have been decided in federal circuit court and that exclusion payments are generally anticompetitive.
Author: Hovenkamp, Janis, Lemley, Leslie, Carrier
Publisher: Wolters Kluwer
ISBN: 1454885289
Category :
Languages : en
Pages : 3280
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Book Description
Author:
Publisher: Law Journal Press
ISBN: 9781588520197
Category :
Languages : en
Pages : 1696
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Book Description
Author:
Publisher: American Bar Association
ISBN: 9781616327736
Category : Antitrust law
Languages : en
Pages : 268
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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
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: 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: Jerome Rosenstock
Publisher: Aspen Publishers Online
ISBN: 1454827114
Category : Chemicals
Languages : en
Pages : 6754
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Book Description
Author: Ariel Ezrachi
Publisher: Edward Elgar Publishing
ISBN: 0857934805
Category : Law
Languages : en
Pages : 615
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Book Description
The Research Handbook on International Competition Law brings together leading academics, practitioners and competition officials to discuss the most recent developments in international competition law and policy. This comprehensive Handbook explores the dynamics of international cooperation and national enforcement. It identifies initiatives that led to the current state of collaboration and also highlights current and future challenges. The Handbook features twenty-two contributions on topical subjects including: competition in developed and developing economies, enforcement trends, advocacy and regional and multinational cooperation. In addition, selected areas of law are explored from a comparative perspective. These include intellectual property and competition law, the pharmaceutical industry, merger control worldwide and the application of competition law to agreements and dominant market position. Presenting an overview of the current state of cooperation and convergence as well as a comparative analysis of substance and procedure, this authoritative Handbook will prove an invaluable reference tool for academics, competition officials and practitioners who focus on international competition law.
Author: John H. Bogart
Publisher: American Bar Association
ISBN: 9781604425444
Category : Law
Languages : en
Pages : 104
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Book Description
