Don't Fear IP-Antitrust 'Turducken' In Reverse-Payment Cases
Law360 (November 24, 2020, 4:27 PM EST) -- Made popular by pro football Hall-of-Famer John Madden during Thanksgiving Day National Football League broadcasts, a turducken is a chicken stuffed inside a duck stuffed inside a turkey. While composed of independently delicious meats, there is some hesitation that this combination into one dish renders the turducken too much to swallow.
Some parts of the judiciary share this concern, labeling as unappetizing the prospect of applying a turducken analysis — a patent case inside an antitrust case — in the context of reverse-payment antitrust actions. As we approach the Thanksgiving holiday, it is a perfect opportunity to consider whether this trepidation...
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