Melissa Hatch O’Donnell

Melissa Hatch O’Donnell

Pepper Hamilton LLP

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FTC Report Tallies Hatch-Waxman Settlements in First Full Year After Actavis

On January 13, 2016, the Federal Trade Commission (FTC or the Commission) released an overview of the pharmaceutical patent settlements filed with the Commission in Fiscal Year 2014 (October 1, 2013 – September 30, 2014). The...more

1/20/2016 - FTC v Actavis Generic Drugs Hatch-Waxman Medicare Modernization Act Patent Infringement Pharmaceutical Patents Popular Settlements

Texas Medical Board Loses Bid for State Action Immunity

The Teladoc decision reinforces that state boards that are composed of market participants need to reassess how they are supervised if they seek shelter from antitrust scrutiny under the state action doctrine....more

1/6/2016 - Antitrust Immunity Healthcare Medical Examinations State Action Immunity State Medical Board Telemedicine

First Circuit Upholds Class Certification in Nexium Indirect Purchaser Case

In a split decision, the U.S. Court of Appeals for the First Circuit affirmed the certification of a class of indirect purchasers who allege that they paid inflated prices for the heartburn drug Nexium. In re Nexium Antitrust...more

2/3/2015 - Antitrust Litigation Appeals Class Action Class Certification Indirect Purchasers Nexium Putative Class Actions

FTC Report Tallies Hatch-Waxman Settlements for FY2013

On December 22, 2014, the Federal Trade Commission (FTC or the Commission) released an overview of pharmaceutical patent settlements filed with the Commission in Fiscal Year 2013 (October 1, 2012–September 30, 2013). The FTC...more

1/8/2015 - Annual Reports Enforcement Statistics FTC Hatch-Waxman Patents Pharmaceutical Industry Pharmaceutical Patents

State Action Doctrine At The Supreme Court: Take Two

The Supreme Court has a renewed interest in the state action doctrine. After declining to clarify what types of state action are exempt from federal antitrust scrutiny for years, the Supreme Court agreed to hear its second...more

3/20/2014 - Antitrust Litigation FTC FTC v. Phoebe Putney Health System SCOTUS State Action Doctrine

Federal Court Finds Actavis Applies Only To Settlements Involving Monetary Payments

A United States district court judge sitting in the District of New Jersey has held that only patent litigation settlements involving monetary payments from branded to generic pharmaceutical manufacturers are subject to the...more

2/4/2014 - Antitrust Litigation FTC FTC v Actavis Pharmaceutical Industry SCOTUS

In The Wake Of Phoebe Putney, New York Passes Law Giving Antitrust Immunity To State Health Care System

Earlier this year, the Supreme Court issued its decision in FTC v. Phoebe Putney Health System, Inc., 133 S.Ct. 1003 (2013), which held that the state action antitrust immunity doctrine applies only when the state legislature...more

11/1/2013 - Competition FTC v. Phoebe Putney Health System Healthcare Immunity SCOTUS State Action Doctrine

Supreme Court Limits State Action Immunity In FTC v. Phoebe Putney Health System, Inc.

On Tuesday, the United States Supreme Court reined in the state action immunity doctrine, which exempts municipalities from scrutiny under the federal antitrust laws when they act pursuant to a “clearly articulated state...more

2/25/2013 - FTC FTC v. Phoebe Putney Health System Governmental Immunity Governmental Liability Hospital Mergers Hospitals Immunity SCOTUS State Action Doctrine

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