Dissecting Damages and BPCIA Settlements: Strategic Choices, Evolving Standards, and Practical Solutions

June 28, 2023 2:15pm

Brian Nolan
Mayer Brown LLP

Benjamin Anger
Knobbe Martens

  • Analyzing the lessons learned from the settlement between Genentech and Tanvex in relation to their dispute over Tanvex’s BLA for a biosimilar
  • Reviewing the proper standards of antitrust review and the rising call for a legislative response
    • Analyzing the current legislative and regulatory framework surrounding:
      • Mergers, acquisitions, and exclusive licenses
      • Anticompetitive agreements
      • Abuse of dominance
      • Life cycle management and contracting
      • Pricing strategies
  • Avoiding costly litigation and associated penalties by effectively complying with the law
  • Understanding how courts are interpreting reasonable royalties, lost profits, and post judgment damages
    • Applying that judicial cadence to your litigation or settlement strategy