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Pharmaceutical Patent Litigation Settlements: Balancing Patent & Antitrust Policy Through Institutional Choice, Timothy A. Cook Jan 2011

Pharmaceutical Patent Litigation Settlements: Balancing Patent & Antitrust Policy Through Institutional Choice, Timothy A. Cook

Michigan Telecommunications & Technology Law Review

Should a branded pharmaceutical company be allowed to pay a generic competitor to stay out of the market for a drug? Antitrust policy implies that such a deal should be prohibited, but the answer becomes less clear when the transaction is packaged as a patent-litigation settlement. Since Congress passed the Hatch-Waxman Act, which encourages generic manufacturers to challenge pharmaceutical patent validity, settlements of this kind have been on the rise. Congress, the Department of Justice, and the Federal Trade Commission have condemned these agreements as anticompetitive and costly to American consumers, but none of these bodies has been able to …


Current And Emerging Transportation Technology: Final Nails In The Coffin Of The Dying Right Of Privacy?, James D. Phillips, Katharine E. Kohm Jan 2011

Current And Emerging Transportation Technology: Final Nails In The Coffin Of The Dying Right Of Privacy?, James D. Phillips, Katharine E. Kohm

Richmond Journal of Law & Technology

Transportation networks constitute “the circulatory system of our economy.” The distinct modes that constitute the American transportation system—air, rail, transit, highways, and waterways—impact the entire range of our daily activities. Just as the human body depends on its circulatory system for life and well being, the United States’ vitality would grind to a halting stop without a vibrant transportation system.