The brief addresses features of the settlement in Loestrin not yet addressed by courts reviewing alleged reverse payment settlements post-Actavis.
Rahul Guha, Kivanç A. Kirgiz, and Sally Woodhouse were signatories to an amici curiae brief filed before the U.S. Court of Appeals for the First Circuit in the case In re Loestrin 24 FE Antitrust Litigation. The brief addresses two common features of pharmaceutical patent infringement settlements: (1) acceleration provisions, which facilitate settlements and allow for more generic competition; and (2) fair value exchanges of goods or services, which also facilitate settlements and should not be viewed as inherently suspect from an antitrust perspective. The brief also explains that settlements should be encouraged because they provide pharmaceutical companies with certainty and allow for the more efficient investment of resources, thus promoting innovation.
Professor James W. Hughes of Bates College was among the academics specializing in the economics of the pharmaceutical industry who were also signatories to the brief.
Chicago
