A 360 Degree Examination of Reverse-Payment Settlements: Non-Monetary Provisions, State Legislation, Expert Testimony, and Recent Litigation

October 25, 2023 11:15am

Richard Kurz
Haug Partners LLP

Eric Grannon
White & Case LLP

Tasha Francis Gerasmiow
Kirkland & Ellis LLP

Ted Mathias
Axinn, Veltrop & Harkrider LLP

  • Analyzing recent trends in how agencies and courts approach reverse payments
    • In re Zetia
    • In re Glumetza
  • Understanding settlement strategies from the perspectives of 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
    • Which states have modeled their legislation after California?
  • Reviewing the proper standards of antitrust review and the rising call for a legislative response
  • Avoiding costly litigation and associated penalties by effectively complying with the law
  • At-Risk Launch considerations