Transactions
Jul. 10, 2015
A test for reviewing payments to keep generics at bay
Earlier this year, the state Supreme Court announced a legal framework for evaluating "reverse payment patent settlements" reviewed under California's antitrust statute. By Louis E. Fogel and Shaun M. Van Horn
On May 7, the California Supreme Court announced a legal framework for evaluating
"reverse payment patent settlements" reviewed under California's antitrust statute
(the Cartwright Act) in In re Cipro Cases I & II. The new test will present challenges to brand and generic companies seeking to settle
patent disputes.
The...
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