Settlement of Pharmaceutical Patent Cases

1
Settlement of Pharmaceutical Patent Cases
2
U.S. Are incumbents buying off potential
generic competitors?

• Phase 1
• FTC v. Schering
• Commission opinion 136 F.T.C. 956 (2003)
• vacated, 402 F.3d 1056 (11th Cir. 2005).
• In re Tamoxifen Citrate Antitrust Litigation,
  466 F.3d 187 (2d Cir. 2005).

3

• Phase 2
• FTC Strategy
• (a) seek circuit split as preface to Supreme
  Court review
• ? FTC v. Cephalon, Civ. No. 08-cv-2141-RBS
  (E.D. Pa.) (motion to dismiss pending)
• (b) legislation

4
EU

• The sector inquiry See Neelie Kroes,
  Commission launches sector inquiry into
  pharmaceuticals, (Jan. 16, 2008)
• First, the inquiry will look at agreements
  between pharmaceutical companies, such as
  settlements in patent disputes, to see whether
  they infringe the EC Treatys prohibition on
  restrictive business practices.