The DOJ Stance On Reverse Payment Settlements

Law360, New York (August 18, 2009, 11:17 AM EDT) -- The new U.S. Department of Justice, with Christine Varney at the helm of its Antitrust Division, has changed course to finally (and formally) align itself with the Federal Trade Commission in opposition to reverse payment settlements in the pharmaceutical industry.

On July 6, 2009, the DOJ filed a brief with the Second Circuit (at the court's invitation) in In re Ciproflaxin Hydrochloride Antitrust Litigation which marks the DOJ's first formal opposition to reverse payment settlements, i.e., settlements of patent disputes in which the brand drugmaker makes...
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