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February 8th, 2016
In May 2015, Mylan Pharmaceuticals appealed to the Third Circuit after the lower court dismissed its case against Warner Chilcott, which was predicated on a practice called product-hopping. While we await the ruling which is due to come later this year, here is some background information on the developing area ...
November 11th, 2015
Reverse payment settlements exist at the intersection among antitrust, patent and healthcare laws. Also known as pay-for-delay agreements, these occur when a patent holder agrees to pay a potential patent infringer to settle litigation and delay its entrance to the market. The payment is called a reverse one because, in the ...
October 14th, 2010
Teva v. Eisai: Subsequent Paragraph IV Filers Have Standing When Commencement of First-Filer’s Exclusivity Period is Delayed
In Teva v. Eisai, the Federal Circuit held that a subsequent Paragraph IV filer has standing when a patent listed in the Orange Book causes a delay in the triggering of a first filer’s exclusivity period and prevents the subsequent filer from bringing a generic drug to market. The Hatch-Waxman ...