Recent Posts
- Hikma v. Vanda: Oral Argument Recap
- Teva v. Lilly should not be read as creating a new 112 rule for method of use claims
- Should ANDA filers be using the PTAB to mount early challenges to OB patents?
- Switching to WordPress
- Judge Hughes concurrence highlights post grant review appeal standing issue for pharma cases
Category: Antitrust
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The New York Times had another article Thursday on the investigation into the Chinese supply of heparin. Pharmalot had this related post Friday. FTC Commissioner Jon Leibowitz wrote an editorial for the Washington Post Monday on "reverse-payment" settlements (or "pay-for-delay" settlements), and the FTC’s recently filed case against Cephalon, in particular. Dow Jones reported Monday…
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The Biotechnology Industry Organization CEO, Jim Greenwood, spoke with reporters and bloggers Thursday morning about follow-on biologics and patent reform. Mr. Greenwood sounded optimistic that a forthcoming bill sponsored by Reps. Eshoo and Barton will represent a reasonable compromise between earlier proposals that stalled in Congress last year. Patent Docs has two posts summarizing the…
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The Federal Trade Commission announced last week that it recently filed an amicus brief in In re Ciprofloxacin Hydrochloride Antitrust Litigation, currently pending in the Federal Circuit. In the case, direct purchaser plaintiffs of Cipro (ciprofloxacin) alleged that settlements of patent litigation between Bayer and several generic drug companies violated federal and state antitrust laws. …
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The Supreme Court this morning denied Pfizer’s cert petition in the Norvasc case (AP story). Although the Federal Circuit’s March 22 decision is controversial, the denial of Pfizer’s cert petition is not surprising, given that the Court had previously denied Pfizer’s motions for an emergency stay and for an expedited appeal. Late last Friday the…
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On Monday, the Supreme Court followed the Solicitor General’s advice and denied certiorari in Joblove v. Barr Labs, which concerned the legality of a "reverse payment" settlement of Hatch-Waxman litigation. Last year, the Court denied certiorari in a similar case, FTC v. Schering. Dow Jones reports that the FTC has vowed to press forward in…
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SCOTUSblog reported on Wednesday that the Supreme Court has denied Pfizer’s emergency application for relief from the Federal Circuit’s ruling in the Norvasc case. TheStreet.com also has an article on the Supreme Court’s decision. On Tuesday, the Federal Circuit granted Mylan’s motion for summary reversal of the district court decision that had found Pfizer’s Norvasc…
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Guest Post by Prof. Christopher M. Holman, UMKC School of Law In my view, the Solicitor General was correct in recommending denial of certiorari in Joblove, but erred in its characterization of the majority opinion. For example, the Solicitor General’s brief implies that at the time of the settlement the parties intended…
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Via the Antitrust Review and Pharmalot, the Solicitor General has recommended that the Supreme Court deny certiorari in Joblove v. Barr Labs, the most recent “reverse payments” case to be appealed to the Court. Last year, the Solicitor General advised the Court not to take the FTC v. Schering case. At the time, many observers…
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