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...

In FTC v. Actavis the Supreme Court held that settlement of a patent infringement suit in which the patentee of a branded pharmaceutical drug pays a generic infringer to stay out of the market may be illegal under the antitrust laws. Justice Breyer's majority opinion was surprisingly broad, in...

This paper conceptualizes four patent rights stakeholders. These groupings are developed by integrating pre-existing management literature concerning intellectual property appropriability and law and economics literature concerning property rights. The governance mechanisms available to the four...

What happens when a contract, the Patent Act, and the Bayh-Dole Act purport to give ownership in the same patent to the government, a university, and a university researcher, all at the same time? The US Supreme Court recently answered this question in Stanford Univ. v Roche Molecular Sys.,...

On October 11, 2011, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit, in a 2-1 decision, issued an opinion affirming a decision of the US International Trade Commission (ITC) barring importation of a product made in China by a Chinese company using trade secrets...

Patent litigation in India is growing. Awareness about patents and the possibility of commercial exploitation of patents is increasing. This is due to better laws and improving registration facilities. Indian firms are taking the patent disputes to courts, as was and is very common in the United...