Pay-for-Delay May Require a New Prescription

Part One of this series discussed common IP settlement terms that may give rise to antitrust liability and how the analysis of whether a settlement agreement violates the antitrust laws depends upon many factors that are specific to the underlying facts. This second installment addresses recent challenges by the government and private plaintiffs to settlements between brand name and generic drug manufacturers, and how these challenges have further refined the antitrust framework for analyzing patent litigation settlement agreements in the pharmaceutical industry.

10 minute read June 28, 2010 at 03:36 PM
By
Miriam R. Vishio, Alex Hassid And Erin C. Wilcox
Pay-for-Delay May Require a New Prescription

Part Two of a Two-Part Series

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