Download This PaperPatents and Payoffs, or How to Get Generics on the Market
FTCWatch, June 18, 2012, No. 809, P. 11
2 Pages Posted: 17 Jul 2012
Date Written: July 16, 2012
Abstract
This OpEd piece proposes a new approach to analyzing pay-for-delay settlements in pharmaceutical patent infringement cases, an approach that shows them to be prohibited agreements in restraint of competition. The piece explains why their proper antitrust analysis calls for adoption of the Supreme Court’s equity logic in the eBay (2006) decision regarding injunctions in patent infringement cases.
Keywords: Pay for delay, patent settlements, eBay, reverse payments, Hatch-Waxman Act, patents, antitrust
Suggested Citation: Suggested Citation
Peritz, Rudolph J.R., Patents and Payoffs, or How to Get Generics on the Market (July 16, 2012). FTCWatch, June 18, 2012, No. 809, P. 11, Available at SSRN: https://ssrn.com/abstract=2109460
Feedback
Feedback to SSRN
If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday.