Distribution, Competition, and Antitrust / IP Law

Pay-for-delay and the Rule of Reason

Last week, I co-authored an article in the Los Angeles/San Francisco Daily Journal on the California Supreme Court’s recent decision in the Cipro Cases.  There, the Court held that so-called “reverse payment” patent settlements are evaluated under a specific “structured” Rule of Reason analysis, and rejected plaintiffs’ arguments that settlement payments exceeding the costs of litigation or the value of services provided by a generic manufacturer are per se unlawful.

The article is behind a pay wall.  When I get clearance to republish it, I will do so here.

* Updated 06/08/2015: The article is attached. * FNL-Orrick (DJ-5.14.15)

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About Howard Ullman

Antitrust, competition, and IP law enthusiast.

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