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Patent Protection or <i>Per Se</i> Antitrust Violation?

As the winter months approached, a storm was brewing in the antitrust world. The U.S. Courts of Appeals for the Sixth and Eleventh circuits have split over the per se illegality of Hatch-Waxman patent-settlement agreements by which a patent-holding drug maker pays a generic drug company to delay its entry into the market. The Federal Trade Commission (FTC) has harshly criticized these agreements, and now the Supreme Court has an opportunity to calm the fury.

26 minute read December 01, 2003 at 11:21 AM
By
Neal R. Stoll and Shepard Goldfein
Patent Protection or <i>Per Se</i> Antitrust Violation?

As the winter months approached, a storm was brewing in the antitrust world.

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