Restrictions on Reverse-Payment Settlements: Non-Monetary Settlements and Expert Testimony on the Merits

April 27, 2022 1:15pm

Adam L. Perlman
Partner
Latham & Watkins LLP

Saami Zain
Assistant Attorney General
Antitrust Bureau

Office of the New York State Attorney General

Sailesh Patel
Partner
ArentFox Schiff LLP

In April 2021, lawmakers from the House and Senate introduced legislation “targeting conduct that prevents competition.” Complicating matters further, several states have enacted laws meant to curb reverse-payment patent settlements – with no comparable statute at the federal level. This session will consider the economic implications of the resurgence of antitrust conundrums during drug development and launch, the competitive effects, and economic damages. Topics of discussion will include:

  • Understanding settlement strategies between innovator companies and generic applicants
  • Highlighting the state legislation directly addressing “reverse payment” patent settlements
  • 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