JUN-12(2)

Summer 2012, Volume 6 Number 2

In this issue:

With the Supreme Court ruling on Obama Care, much of the business world is focused on healthcare. In honor of that attention, we decided to devote several issues this summer to the big three antitrust issues in healthcare. 

The first issue is reverse payments, a perennial thorn-in-the-side for the FTC. For those who don't know Cajun cooking, a turducken is a dish in which a chicken is stuffed inside a duck which, in turn, is stuffed inside a turkey, with each bird separated by a layer of stuffing. The use of the term by the Eleventh Circuit in the recently decided Androgel case reflects the Court's frustration with the FTC's arguments. We take a look at why the problem with this element of the Hatch Waxman act is causing the FTC, as one of our authors describes, to imitate Don Quixote's perpetual tilting at windmills.

The Turducken Case—Androgel and Reverse Payments
  1. John Bigelow, Jun 27, 2012

    Pharmaceutical Patents, Settlements, Reverse Payments, and Exclusion

    The task is formidable, but this is no place for over-simplification. John P. Bigelow (Princeton Economics Group)

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  2. Anne Layne-Farrar, Jun 27, 2012

    Cervantes’ Sequel: The FTC’s Quest to End Pay-for-Delay Pharma Settlements

    Don’t assume that either the litigation or legislative setbacks spell the end of the FTC’s efforts. Anne Layne-Farrar (Compass Lexecon)

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  3. Kyle Musgrove, Richard Ripley, Jun 27, 2012

    Reverse Payment Settlements: Presumptively Bad or Usually Acceptable?

    Are reverse payment settlements an acceptable competitive limitation under long-standing patent law principles or are they a contrived bottleneck that should be considered presumptively unlawful? C. Kyle Musgrove & Richard Ripley (Haynes and Boone)

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  4. Kevin Noonan, Jun 27, 2012

    Federal Trade Commission Rejected in “Reverse Payment” Suit

    This is where the FTC's reasoning begins to go astray, because courts have found generally that reverse payment arrangements reduce the delay in generic entry. Kevin E. Noonan (McDonnell Boehnen Hulbert & Berghoff)

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  5. William Rooney, Jodi Lucena-Pichardo, Jun 27, 2012

    Eleventh Circuit Rejects the Strength of a Patent as a Criterion for the Legality of Reverse-Payment Settlements

    In effect, the FTC argued that courts should weigh the strength of the patent...William Rooney & Jodi Lucena-Pichardo (Willkie Farr & Gallagher)

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  6. Aidan Synnott, William Michael, Jun 27, 2012

    Federal Trade Commission Suffers Another Setback in Its Campaign to End Pharmaceutical Reverse-Settlement Agreements

    Pharmaceutical manufacturers have grown emboldened by their success in defending reverse-settlement payments in the courts. Aidan Synnott & William Michael (Paul, Weiss, Rifkind, Wharton & Garrison)

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About the Antitrust Chronicle

The CPI Antitrust Chronicle is published online, semi-monthly. It contains cutting-edge commentary on current global antitrust and competition policy issues.

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President: Elisa Mariscal

Managing Editor: Lauren Chiang

Senior Editor: Lindsay W. McSweeney

Social Media: Anna Tzanaki

Subscription Manager: Susan Roberts

Office Manager: Kristen Adrian

Editorial Advisory Board:

Rosa Abrantes-Metz, Global Econ. Group, Stern School of Bus. at NYU

Kent Bernard, Fordham School of Law

Rachel Brandenburger, Washington D.C.

Adrian Emch, Hogan Lovells

Kyriakos Fountoukakos, Herbert Smith

Jay Himes, Labaton Sucharow

James Killick, White & Case

Stephen Kinsella, Sidley Austin

Ioannis Lianos, University College London

Robert O'Donoghue, Brick Court Chambers

Aaron Panner, Kellogg, Huber, Hansen

Nicolas Petit, University of Lìege

Daniel Sokol, University of Florida Levin School of Law

Joshua Wright, George Mason Law School