Reverse-Payment Settlements: Demystifying the Current State of Pharmaceutical Litigation Settlements in the Hatch-Waxman Context
Julia Chapman
Partner
Dechert LLP
Benjamin M. Greenblum
Partner
Williams & Connolly LLP
Kurt Mathas
Partner
Winston & Strawn LLP
Robert Milne
Partner
White & Case LLP
Alyson Wooten
Managing Director
Berkeley Research Group LLC
- 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