Restrictions on Reverse-Payment Settlements: Non-Monetary Settlements and Provisions Relating to FTC/DOJ review

September 22, 2022 1:00pm

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