Gathering storm for reverse payment settlements

Dennis Crouch reviewed Michael Carrier’s book on IP vs. Antitrust law. It seems that Mr. Carrier takes the view that reverse settlements (where a pharmaceutical company pays a generic to stay off the market) should be illegal. This practice was discussed at a HIPLA CLE earlier this year (the last Flemings lunch, I believe). It’s a touchy subject because companies are, in effect, extending their patent rights through negotiation and contracts. The other side argues that it violates antitrust… More information...

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