In Re Tamoxifen Citrate Antitrust Litigation PDF Download
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Author | : |
Publisher | : |
Total Pages | : 44 |
Release | : 2005 |
Genre | : Antitrust law |
ISBN | : |
Download In Re: Tamoxifen-citrate Antitrust Litigation Book in PDF, ePub and Kindle
The case concerns a decision by a divided panel of the Appeals Court upholding the dismissal of an antitrust challenge to a patent litigation settlement between AstraZeneca, the manufacturer of tamoxifen citrate, the most widely prescribed drug for breast cancer treatment, and Barr Labs., a U.S. Food and Drug Administration applicant for a generic counterpart.
Author | : |
Publisher | : |
Total Pages | : 42 |
Release | : 2005 |
Genre | : Antitrust law |
ISBN | : |
Download In Re: Tamoxifen-citrate Antitrust Litigation Book in PDF, ePub and Kindle
The plaintiffs in In re: Taxmoxifen Citrate Antitrust Litigation (who include pharmaceutical consumers, third party payors, and a health care advocacy group) filed a Petition for Writ of Certiorari asking the Supreme Court to review the Second Circuit's decision affirming the dismissal of this antitrust case. The plaintiffs alleged antitrust violations based on a $21 million payment from AstraZeneca (the tamoxifen NDA holder) to Barr Labs (the ANDA filer) in exchange for Barr's promise to withdraw its Paragraph IV certification and abandon its challenge of the tamoxifen patent.
Author | : |
Publisher | : |
Total Pages | : 40 |
Release | : 2008 |
Genre | : Antitrust law |
ISBN | : |
Download In Re: Ciprofloxacin Hydrochloride Antitrust Litigation Book in PDF, ePub and Kindle
The plaintiffs in In re: Ciprofloxacin hydrochloride (Cipro) Antitrust Litigation (consumers and advocacy groups), sued the the brand name antibiotic's manufacturer Bayer, and prospective manufacturers of cheaper generic version, claiming that the exclusion agreement under which proposed manufacturers agreed to defer entry into market until expiration of patent held by Bayer, in return for payments to be received from Bayer, was in violation of antitrust laws. This amicus brief supports the plaintiffs, arguing in part that the case should have been decided in federal circuit court and that exclusion payments are generally anticompetitive.
Author | : John H. Bogart |
Publisher | : American Bar Association |
Total Pages | : 104 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9781604425444 |
Download Circuit Conflicts in Antitrust Litigation Book in PDF, ePub and Kindle
Author | : |
Publisher | : American Bar Association |
Total Pages | : 436 |
Release | : 2008 |
Genre | : Antitrust law |
ISBN | : 9781604420500 |
Download 2007 Annual Review of Antitrust Law Developments Book in PDF, ePub and Kindle
Author | : Hovenkamp, Janis, Lemley, Leslie, Carrier |
Publisher | : Wolters Kluwer |
Total Pages | : 3280 |
Release | : 2016-01-01 |
Genre | : |
ISBN | : 1454885289 |
Download IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, 3rd Edition Book in PDF, ePub and Kindle
Author | : Amalia Athanasiadou |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 520 |
Release | : 2018-08-14 |
Genre | : Law |
ISBN | : 9403501146 |
Download Patent Settlements in the Pharmaceutical Industry under US Antitrust and EU Competition Law Book in PDF, ePub and Kindle
Reverse payment settlements or “pay-for-delay agreements” between originators and generic drug manufacturers create heated debates regarding the balance between competition and intellectual property law. These settlements touch upon sensitive issues such as timely generic entry and access to affordable pharmaceuticals and also the need to preserve innovation incentives for originators and to strengthen the pipeline of life-saving pharmaceuticals. This book is one of the first to critically and comparatively analyse how such patent settlements and various other strategies employed by the pharmaceutical industry are scrutinised by both United States (US) and European courts and enforcement authorities, and to discuss the applicable legal tests and the main criteria used for their assessment. The book’s ultimate objective is to provide guidance to the pharmaceutical industry regarding the types of patent settlements, strategies and conduct which may be problematic from US antitrust and European Union (EU) competition law perspectives and to assist practitioners in structuring settlements which are both efficient and compliant. To this end, an exhaustive legal analysis of some of the most controversial issues regarding pharmaceutical patent settlements is provided, including: – the lengthy split among US Circuit Courts on the issue of pay-for-delay settlements, its resolution by the US Supreme Court in FTC v. Actavisand subsequent jurisprudence; – the decision of Lundbeck v. Commissionby the European General Court and the Servier decision of the European Commission; – the Roche/Novartisdecision of the European Court of Justice and the most important decisions by National Competition Authorities on pharma patent settlements in the EU; – an overview of other types of strategies such as product-hopping and product reformulations, no-authorised generic commitments, problematic side-deals, mechanisms affecting generic substitution; – the rejection of the “scope of the patent” test in both the US and the EU and the balancing of patent law and antitrust law considerations in the prevailing applicable tests; – the benefits of settlements and the main criteria for assessing their legitimacy under US antitrust and EU competition law. The analysis provides concrete examples of both illegitimate and legitimate settlements and strategies, emphasising on conduct that falls within a grey zone and on the circumstances and criteria under which such conduct could be deemed problematic from an antitrust perspective. This book will serve as a valuable guide for pharmaceutical companies wishing to minimise the risk of engaging in conduct that could potentially infringe US antitrust and EU competition law. It further aims to save courts and enforcement agencies and also practitioners and academics considerable time and resources by providing an exhaustive analysis of the relevant caselaw, with the ultimate goal to increase legal certainty on the most controversial aspects of patent settlements in the pharmaceutical industry.
Author | : Christopher R. Leslie |
Publisher | : |
Total Pages | : 702 |
Release | : 2011 |
Genre | : Law |
ISBN | : 0195337190 |
Download Antitrust Law and Intellectual Property Rights Book in PDF, ePub and Kindle
In Antitrust Law and Intellectual Property Rights: Cases and Materials, Christopher R. Leslie describes how patents, copyrights, and trademarks confer exclusionary rights on their owners, and how firms sometimes exercise this exclusionary power in ways that exceed the legitimate bounds of their intellectual property rights. Leslie explains that while substantive intellectual property law defines the scope of the exclusionary rights, antitrust law often provides the most important consequences when owners of intellectual property misuse their rights in a way that harms consumers or illegitimately excludes competitors. Antitrust law defines the limits of what intellectual property owners can do with their IP rights. In this book, Leslie explores what conduct firms can and cannot engage in while acquiring and exploiting their intellectual property rights, and surveys those aspects of antitrust law that are necessary for both antitrust practitioners and intellectual property attorneys to understand. This book is ideal for an advanced antitrust course in a JD program. In addition to building on basic antitrust concepts, it fills in a gap that is often missing in basic antitrust courses yet critical for an intellectual property lawyer: the intersection of intellectual property and antitrust law. The relationship between intellectual property and antitrust is particularly valuable as an increasing number of law schools offer specializations and LLMs in intellectual property. This book also provides meaningful material for both undergraduate and graduate business schools programs because it explains how antitrust law limits the marshalling of intellectual property rights.
Author | : Paul B. Hewitt |
Publisher | : American Bar Association |
Total Pages | : 380 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9781590316986 |
Download Annual Review of Antitrust Law Developments Book in PDF, ePub and Kindle
Among other topics, the 2005 Annual Review discusses: - The Supreme Court's decision in Reeder-Simco, the Court's first R-P case in more than a decade; - The Sixth Circuit's Northwest Airlines decision remanding a predatory pricing case for trial; - Divergent court decisions upholding and condemning reverse payments patent litigation settlements; - FTC adjudicatory opinions addressing consummated mergers and price fixing; - FTC and DOJ appellate victories in joint venture, partial acquisition, and exclusive dealing cases; - Key court of appeals decisions discussing bankruptcy antitrust issues, the Illinois Brick co-conspirator exception, antitrust immunities, predatory overbidding, and class action and other procedural issues; - The court decision in Wal-Mart v. Visa approving the largest antitrust settlement in history; and more.
Author | : Josef Drexl |
Publisher | : Edward Elgar Publishing |
Total Pages | : 347 |
Release | : 2013-01-01 |
Genre | : Law |
ISBN | : 0857932462 |
Download Pharmaceutical Innovation, Competition and Patent Law Book in PDF, ePub and Kindle
Public health, safety and access to reasonably priced medicine are common policy goals of pharmaceutical regulations. As both the context for innovation and competitive structure change, industry actors dynamically challenge the balance between the incentive for protection and the achievement of those policy goals. Considering the arguments from the perspectives of innovation, competition law and patent law, this book explores the difficult question of balancing protection with access, highlighting the difficulties in harmonization and coordination. The contributors to this book, including academics, judges and practitioners from Europe, the US and Japan, explore to what extent patent strategies and life-cycle management practices take advantage of patent laws and health-care regulation and disrupt the necessary balance between incentives for innovation and access to affordable medicine and health care. Addressing fundamental questions in the field of pharmaceutical innovation, this book will appeal to scholars and practitioners in intellectual property, competition law and life sciences regulation, as well as pharmaceutical companies and regulators.