Wednesday, February 06, 2008
Balance between Antitrust and IP Laws: Drug Patent Settlement Agreements
The FTC filed a brief as amicus curiae with the US Court of Appeals for the Federal Circuit on 25 January 2008 urging to reverse a district court's decision that immunized from antitrust laws a pharmaceutical patent settlement agreement. In the case at bar, a patent holder paid a potential rival $400 million to abandon competition and stay off the market. According to the FTC, the patent holder "purchased the exclusion that the patent could not provide". The agreement did not represent the patent holder's exercise of its right to exclude and therefore the patent did not immunize the agreement from antitrust scrutiny.
Subscribe to:
Post Comments (Atom)
-
Fresh off the press release: the Italian antitrust authority has knocked — quite literally — on Meta’s door. A dawn raid hit the company’s ...
-
Aka " From Digital Feudalism to Digital Sovereignty " - UCL IIPP, blog and video here. First of all, I strongly recommend watching...
-
OFE, here.
-
Euractiv, here.
-
T. Davies, here.
-
PR, here . Will we see more DSA and DMA action before the summer break?
No comments:
Post a Comment