Dissecting Damages and BPCIA Settlements: Strategic Choices, Evolving Standards, and Practical Solutions
Brian Nolan
Partner
Mayer Brown LLP
Benjamin Anger
Partner
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