Restrictions on Reverse-Payment Settlements: Non-Monetary Settlements and Provisions Relating to FTC/DOJ review
Huong Nguyen
General Counsel & Compliance Officer
Fosun Pharma USA Inc.
Andrew Berdon
Partner
Quinn Emanuel Urquhart & Sullivan LLP
Anil Patel
Partner
K&L Gates LLP
- Understanding settlement strategies between brands and generics
- Structuring agreements and identifying antitrust concerns
- Understanding investigation and liability risks
- Highlighting the state legislation directly addressing “reverse payment” patent settlements
- Presumption of unlawfulness – California AB 824
- Reviewing the proper standards of antitrust review and the rising call for a legislative response
- Analyzing the current legislative and regulatory framework
- 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
- At-Risk Launch considerations