What Does the Future Hold for Reverse-Payment Settlement Litigation, Patent Thicketing and Restrictive Distribution Agreements?

September 30, 2021 3:00pm

Eric Stock
Partner
Gibson, Dunn & Crutcher LLP

Seth Silber
Partner, Antitrust and Consumer Protection
Wilson Sonsini Goodrich & Rosati

Takanori Abe
Managing Partner
ABE & Partners

  • Assessing the latest federal legislative and case law developments impacting the Pay for Delay landscape
  • Analyzing this year’s case law decisions impacting the treatment of non-monetary settlements of underlying patent litigation
    • How are the courts defining what constitutes a “large and unjustified” payment as set forth by FTC v Actavis?
  • Examining court insights regarding the admissibility of expert opinions concerning the likelihood of success of the underlying patent litigation
  • On the state front – examining the new California Pay for Delay legislation: what have the implications and response been?
    • How have the first challenges to reverse-payment settlements under the new law panned out?
    • What future challenges to the statute are anticipated?
    • What other states are looking at similar legislation?
  • With Pay for Delay settlements under increased scrutiny, what other avenues are pharma companies taking to protect their products, and how are the antitrust enforcers responding to those methods?
  • Analyzing the latest activity surrounding the use of patent thickets
    • Takeaways from the recent Abbvie/Humira antitrust lawsuit
  • Examining recent litigation over restrictive distribution agreements
    • FTC and NY Attorney General’s Case Against Vyera Pharmaceuticals / Martin Shkreli