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A More Harmonious Approach To Evaluate Pharmaceutical Patent Litigation’S “Reverse Payment Settlements”: What About The Patents?, Wenhao Leu

Wenhao Leu

"Reverse Payment Settlements" in pharmaceutical patent litigations represent one of the most challenging legal issues to resolve today because the courts do not have the right tools to do so. Though sharp divisions exist among the circuit courts with application of different tests, none of them has yet to achieve the right balance between the patentees' right to exclude and consumers' need for cheaper generic drugs.

This paper examines more closely the IP aspects of Reverse Payment Settlement agreements—the pharmaceutical patents—in order to resolve their antitrust issues. With weaker patents that are susceptible to invalidation or findings of non-infringement, pharmaceutical …

El Desempeño Como Litigante De La Fne Una Mirada Cuantitativa, Diego G. Pardow

Diego G. Pardow

This paper evaluates the performance on Antitrust cases of the Chilean public enforcer (Fiscalía Nacional Económica, “FNE”), presenting an approach that frames its differences with private plaintiffs in terms of the effort that each of them should deliver during the trial. The presence of the FNE in a particular case is used to draw the line between public and private enforcement, while the number of hearings is considered as a proxy of the joint effort delivered by the parties. The results show that the FNE outperforms private palintiffs in a large number of cases where the defendant’s effort is relatively …