Posts Tagged: reverse payments


FTC v. Actavis: Where We Stand After 5 Years

It has been five years since FTC v. Actavis. In that landmark ruling, the Supreme Court held that settlements by which brand-name drug companies pay generics to …
By Michael Carrier
1 year ago 4

FTC revives complaint, files motion for stipulated order over pay-for-delay agreement for generic Lidoderm

On January 23rd, the Federal Trade Commission (FTC) announced that it had taken steps to resolve antitrust charges involving business activities employed by Irish/U.S. drugmaker …
By Steve Brachmann
3 years ago 2

Reverse Payment Settlements and Holdup Under PTAB

One reason the PTAB is convenient for reaching reverse payment deals is that there is no direct antitrust oversight, since its judges are administrators with very narrow …
By Erik Hovenkamp & Jorge Lemus
3 years ago 8

FTC charges Endo Pharmaceuticals with antitrust violations for pay for delay patent settlements

The FTC’s complaint alleges that Endo paid the first generic companies that filed for FDA approval – Impax Laboratories, Inc. and Watson Laboratories, Inc. – to eliminate the …
By Gene Quinn
3 years ago 6

FTC Report on Drug Patent Settlements Shows Substantial Decrease in Pay-for-Delay Deals

The number of these potentially anticompetitive deals has fallen significantly following the Supreme Court’s landmark antitrust decision in FTC v. Actavis in 2013. The total number of …

Third Circuit Lamictal Ruling: ‘Payment’ Broader than Cash

On June 26, the Third Circuit held that payment includes more than just cash transfers. Judge Scirica, in a unanimous decision, wrote that Glaxo's promise to Teva not …
By Michael Carrier
4 years ago 0

Why Actavis Is Not Limited to Cash: Professors Brief in Lamictal

First, the Actavis decision is not limited to cash. The case itself involved not cash payments, but brand overpayments for generic services. In addition, the Supreme Court’…
By Michael Carrier
5 years ago 0

FTC Files Amicus in 3rd Circuit Over Reverse Payments

The FTC brief explains that the no-authorized-generic (no-AG) commitment at issue raises the same antitrust concern that the Supreme Court identified in Actavis. A no-authorized-generic commitment means …

In re Effexor XR Antitrust Litigation: FTC Amicus Argues for No-Authorized-Generic in Patent Settlements

The Federal Trade Commission has asked the U.S. District Court for the District of New Jersey to accept an amicus brief that addresses the application of …

Patent News and Notes

1. Reed Tech takes over USPTO Contract from Google. 2. Pharma Patent Settlements Saved $25.5 Billion for US Health System. 3. Coffee Analysis Smart Phone App for that Perfect Brew. 4.FDA …
By Gene Quinn
6 years ago 0

The Supreme Court’s Actavis Decision, Or Why Pay-for-Delay Litigation Just Got More Active

In this case, the Supreme Court considered an arrangement by which brand firm Solvay paid generics Watson (now Actavis) and Paddock roughly $30 to $40 million to delay entering …
By Michael Carrier
6 years ago 1

Supremes Say Reverse Payments May Be Antitrust Violation

On Monday, June 17, 2013, the United States Supreme Court issued its much-anticipated decision on so-called “reverse payments.” This decision will impact how brand name drug companies and generics …
By Gene Quinn
6 years ago 3

Reverse Payments: Into the Belly Of The Hatch-Waxman Beast Part 3

“Reverse payment” cases are an outgrowth of a key feature I noted in my first article on the basics of Paragraph IV Certifications: the filing of an …
By Eric Guttag
6 years ago 0

Bio-Pharma at the U.S. Supreme Court

Since my last article here on IPWatchdog.com, the pharmaceutical industry has been simply overflowing with interesting developments, including the US Supreme Court hearing arguments concerning three …
By Ed Silverman
6 years ago 1

In FY 2012, Branded Drug Firms Increased the Use of Pay-for-Delay Settlements to Keep Generic Competitors off the Market

In Fiscal Year (FY) 2012, the number of potentially anticompetitive patent dispute settlements between branded and generic drug companies increased significantly compared with FY 2011, jumping from 28 to 40, according …