One of the most difficult legal issues today involves settlements by which brand-name drug companies pay generic firms to delay entering the market. Such conduct requires courts to consider not only patent and antitrust law, but also the Hatch-Waxman Act, the complex regime governing behavior in...

Two principles collide in the pharmaceutical industry. On the one hand, the U.S. Food and Drug Administration (“FDA”) approves potentially dangerous drugs under Risk Evaluation and Mitigation Strategies (“REMS”) programs when a drug's benefits outweigh its risks. But on the other hand,...

A lot changed between 2008 and 2015. Lindsay McSweeney's stewardship cemented the importance of CPI Antitrust Chronicle. Standard-essential patents, the smartphone patent wars, and patent trolls thrust themselves onto the IP/antitrust scene. But perhaps the most significant change is the...

In this comment to ITC Investigation 337-TA-745 (Certain Wireless Communication Devices, Motorola v. Apple) we, as teachers and scholars of economics, antitrust and intellectual property, remedies, administrative, and international intellectual property law, former Department of Justice lawyers...

In GSK v. Teva, the Federal Circuit (in a 2-1 ruling) found that Teva induced infringement of GSK's patent. While much of the opinion addresses issues of causation as applied to the facts at issue in the case, one aspect of the opinion raises significant general concern.In settings in which a...

The Supreme Court's decision in FTC v. Actavis has justly received widespread attention for its antitrust analysis of settlements by which brand-name drug companies pay generics to delay entering the market. Much of the attention has focused on the application of the Court's standard and the...

Standards, common platforms allowing products to work together, are ubiquitous in our economy. But imagine that a company:(1) has a patent needed to use a standard, (2) promises to license the patent on reasonable terms, and then (3) says it was just kidding as it seeks to block the product or...

This short article summarizes FTC v. Actavis, the first case in which the Supreme Court analyzed the antitrust legality of agreements by which brand-name drug companies pay generics to settle patent litigation and delay entering the market. It concludes that the ruling must be counted as a win...

The smartphone industry today is characterized by a thicket of patents and wars based on those patents. Every day brings a new lawsuit or development between Apple, HTC, Microsoft, Motorola, Nokia, and Samsung. The lawsuits span numerous courts and several continents. This 5-page article...