Jonathan Berman is a partner with Jones Day, Washington. He splits his practice between complex commercial litigation and advising on food and drug regulatory issues. Jonathan advises on topics spanning the breadth of the Food, Drug, and Cosmetic Act and other laws administered by the FDA. Jonathan Berman’s litigation practice has emphasized class action and antitrust matters, and he argued one of the first litigated motions involving using "predictive coding" of electronic documents.
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In Short The Background: In the Supreme Court’s landmark 2013 decision in FTC v. Actavis, the Court determined that large payments by branded drugmakers to potential generic entrants to settle patent disputes could be anticompetitive. It instructed district courts to apply the "rule of reason" (...)
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New Law Requires Disclosure of Biologic Patent Settlement Agreements to Antitrust Authorities* Last week, the Patient Right to Know Drug Prices Act ("Act") became law. The Act requires pharmaceutical companies to disclose to antitrust agencies agreements between biologic and biosimilar (...)
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