reverse payment agreements

Conspiracy to Restrain Trade, Patent Antitrust

(Wolters Kluwer)/ /Leave a comment

The federal district court in Boston has rejected a request from purchasers of AstraZeneca LP’s heartburn medication Nexium for a new trial to challenge a “reverse payment” or “pay-for-delay” agreement between AstraZeneca and Ranbaxy Pharmaceuticals to block the entry of a generic version of the drug. Judge Young’s lengthy opinion provides an interesting look at the trial…

IP Antitrust, Patent Antitrust

(Gibson, Dunn & Crutcher)/ /Leave a comment

On 16 July 2012, a U.S. appeals court issued a decision holding that pharmaceutical patent settlements that restrict generic entry and contain a payment to the generic company are presumptively unlawful under the U.S. antitrust laws.  The decision is a major victory for the U.S. Federal Trade Commission’s view of pharmaceutical patent settlements with so-called…