DOJ Formally Aligns Itself With FTC In Opposition To Reverse Payment Settlements

The new Department of Justice, with Christine Varney at the helm of its antitrust division, has changed course to finally (and formally) align itself with the Federal Trade Commission in opposition to reverse payment settlements in the pharmaceutical industry. On July 6, 2009, the DOJ filed a brief with the Second Circuit (at the court's invitation) in In re Ciproflaxin Hydrochloride Antitrust Litigation which marks the DOJ's first formal opposition to reverse payment settlements, i.e., settlements of patent disputes in which the brand drug-maker makes a "reverse" or "exclusion" payment to the would-be generic competitor to delay its entry into the relevant drug market. This represents a significant departure from the DOJ of the Bush era, which took a stance contrary to the FTC's before the U.S. Supreme Court, even criticizing its sister agency's "high degree of suspicion of any reverse payment settlement."

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sheppard Mullin Richter & Hampton LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×