This Supreme Court amicus brief, filed in Federal Trade Commission v. Watson, explains why exclusion-payment settlements, by which brand-name drug companies pay generic firms to delay entering the market, contravene the policies of patent law, antitrust law, and the Hatch-Waxman Act. It...

In the Cephalon case, Judge Goldberg (ED Pa) denied defendants' summary judgment motions, sending the second reverse-payment-settlement case to trial. This short article analyzes the judge's decision, in particular addressing the appropriate liability standard under FTC v. Actavis and what...

In O’Bannon v. National Collegiate Athletic Ass’n, then-Chief Judge Claudia Wilken of the U.S. District Court for the Northern District of California issued a groundbreaking decision, potentially opening the floodgates for challenges to National Collegiate Athletic Association (NCAA)...

The pharmaceutical industry is unique in its complexity. Markets are nuanced. Multiple regulatory regimes apply. Generic entry is an event with dramatic consequences. These characteristics have encouraged brand-name drug firms to engage in an array of conduct that exploits this complexity to...

One of the areas of copyright law in most desperate need of reform is statutory damages. And while damages awards against direct infringers have received most of the attention, the effect on secondary infringers threatens to be far more detrimental for innovation. This submission to the...

Pity the Rule of Reason. The framework employed in the majority of antitrust cases is frequently discussed but continually misunderstood. It is associated with balancing, but its burden-shifting framework almost never reaches that stage. It is called indeterminate, but its analysis is not. And...

Biologics offer pathbreaking advances, but at a high price. Competitors known as biosimilars promise lower prices. But they will not be adopted if biologic manufacturers disparage them, raising safety concerns. This short piece highlights the four types of deceptive statements and omissions...

Whether behavior relating to a patent thicket presents an antitrust issue is a nuanced question. But a recent ruling involving the biologic Humira shows how not to decide these issues. This short piece discusses the court’s opinion and highlights its errors analyzing sham behavior, patent...

This piece reviews Richard Posner's revision of his seminal work, Antitrust Law. It analyzes Judge Posner's success in updating the original work to account for developments in antitrust law and theory in the past 25 years. The review contends that Judge Posner succeeds in his explanation of the...

After my testimony at the House Energy & Commerce Committee hearing, I addressed Rep. Schakowsky's questions relating to a potential FTC report on product hopping.I explained that such a report would be helpful in obtaining information on the frequency and types of "product hopping" (by which...