Provigil, have settled patent litigation by paying generic firms to delay entering the market. Second, brand firms, frequently … at the end of a patent term, have engaged in "product hopping," switching from one means of administering a drug (e …

generic. Brands are increasingly making these types of payments in exchange for generics’ reciprocal agreements to drop patent … patent case. Similarly, in this case, the generic could not have blocked the brand from entering with an authorized generic … even if the generic had won the patent case. In both Actavis and Wellbutrin XL, the brand firm bought an additional delay …

finding the patent to be invalid or not infringed) …

-payment settlements, by which brand-name drug companies pay generic firms to delay entering the market, contravene the policies of patent … Hatch-Waxman Act, Congress’s framework for balancing patent and antitrust law in the pharmaceutical industry, which … instead. Third, the mere fact of a patent cannot justify the payments. The Patent Office frequently issues invalid patents …

The issues presented by the intersection of the patent system and the antitrust laws have never been as pressing as … competitors not only to recover their investment from creating patented products but also to avoid the patent landmines that line … the path of innovation. They form patent pools for laser eye surgery, MPEG-2 video compression technology, and DVD …