On December 8, 2021, a federal district court granted a preliminary injunction temporarily enjoining enforcement of the California state law Preserving Access to Affordable Drugs, which attempts to sanction reverse-payment...more
12/14/2021
/ Article III ,
Constitutional Challenges ,
Dormant Commerce Clause ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Preliminary Injunctions ,
Prescription Drugs ,
Settlement Agreements ,
Settlement Negotiations ,
State Attorneys General
The first half of 2020 was a busy time for antitrust in the United States. The Department of Justice (DOJ) and the Federal Trade Commission (FTC) implemented expedited procedures for reviewing collaborations during the...more
8/27/2020
/ Antitrust Investigations ,
Antitrust Provisions ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Merger Controls ,
Mergers ,
Pharmaceutical Industry ,
Popular ,
Technology Sector ,
Vertical Mergers
A new California law, Preserving Access to Affordable Drugs, AB-824 (the Act), which is aimed at curbing reverse-payment patent settlements, took effect on January 1. The Act codifies a presumption that any transfer of value...more
1/9/2020
/ Actavis Inc. ,
Anti-Competitive ,
Appeals ,
Biosimilars ,
Burden-Shifting ,
Constitutional Challenges ,
Dormant Commerce Clause ,
Due Process ,
Eighth Amendment ,
Federal Trade Commission (FTC) ,
FTC v Actavis ,
Generic Drugs ,
Hatch-Waxman ,
New Legislation ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pay-For-Delay ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Popular ,
Preemption ,
Prescription Drugs ,
Reverse Payment Settlement Agreements ,
Rule-of-Reason Analysis