The US Court of Appeals holds that if the terms of pay for delay settlements between the brand name and generic pharma companies are within the "scope of the patent" antitrust law is not implicated (Abbott / Geneva / Zenith)

John L. North; Warren, William L.

Previous article The US Court of Appeals for the Eleventh Circuit holds that a reverse payment agreement between a brand name pharmaceutical company and a potential competitor is to be analyzed under the "scope of the patent" test to determine antitrust liability (Abbott / Geneva / Zenith) Next article The US Court of Appeals holds that a reverse payment agreement between a brand name pharmaceutical manufacturer and a potential competitor is a per se antitrust violation because the agreement exceeded the "scope of the patent" (Cardizem)

15 Sep 2003

The US Court of Appeals holds that if the terms of pay for delay settlements between the brand name and generic pharma companies are within the "scope of the patent" antitrust law is not implicated (Abbott / Geneva / Zenith)

KEYWORDS

Reference

US Court of Appeals, Abbott / Geneva / Zenith, Judgement No. 02-12091, 344 F.3d 1294 (2003), 15 September 2003

A recent 11th Circuit case, Valley Drug Co. v. Geneva Pharmaceuticals, Inc., sheds light on the complex intersection of patent and antitrust law in the context of a settlement agreement between a name brand pharmaceutical manufacturer and two allegedly infringing generic manufacturers that were seeking FDA approval of a drug patented by the name brand manufacturer [1]. The plaintiffs in this case claimed that the settlement agreements constituted a horizontal contract in restraint of trade in violation of Section 1 of the Sherman Act [2]. The district court agreed, granting the plaintiffs’ motion for partial summary judgment on the basis that the agreements were per se anticompetitive. On appeal, the 11th Circuit reversed. It held that such settlement agreements must be analyzed to

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

PDF Version

Authors

John L. North
Hill, Kertscher & Wharton (Atlanta)

United States 1 contribution 389 visits
William L. Warren
Eversheds Sutherland (Atlanta)

United States 1 contribution 389 visits

Quotation

John L. North, William L. Warren, The US Court of Appeals holds that if the terms of pay for delay settlements between the brand name and generic pharma companies are within the "scope of the patent" antitrust law is not implicated (Abbott / Geneva / Zenith), 15 September 2003, e-Competitions Pay-for-delay agreements, Art. N° 52996

Visites 389