Pay-for-Delay Settlements in the United States: An overview of leading cases

Introduction Whether or not antitrust law applies to patent litigation settlements in the pharmaceutical industry has been a hotly contested issue in the U.S. for well over a decade now. The Federal Trade Commission as well as many private litigants have challenged several such agreements as violations of the Sherman Act and Section 5 of the Federal Trade Commission Act. The issue has gone to no fewer than six U.S. courts of appeals, ultimately resulting in a circuit split that was resolved by the U.S. Supreme Court in June this year. Alongside this judicial activity, several attempts have been made to have the issue resolved through legislation. This bulletin summarizes the key issues raised by pharmaceutical patent litigation settlements, as well as the relevant case law. Patents

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Abigail Slater, Pay-for-Delay Settlements in the United States: An overview of leading cases, 31 October 2013, e-Competitions Patents Settlements, Art. N° 56877

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