Balancing Innovation and Competition: Patent Thickets, Continued Litigation, and New Economic Considerations for Settlements

December 2, 2022 10:00am

This session will consider the economic implications of biosimilar reverse payment litigation globally, the competitive effects, and economic damages.

Topics of discussion will include:

  • Understanding settlement strategies between innovator biologic companies and biosimilar applicants
  • Whether developing a patent thicket is an antitrust violation
    • UFCW Local 1500 Welfare Fund v. AbbVie Inc. (7th Cir. Dec. 28, 2020)
      • Reviewing what is deemed anti-competitive activities
  • Whether you need to prove that all the patents in the thicket around a drug are invalid
  • Highlighting the state legislation directly addressing reverse payment patent settlements
    • When biologic manufacturers should expect antitrust scrutiny
  • Reviewing the proper standards of antitrust review and the rising call for a legislative response
    • Analyzing the current legislative and regulatory framework
    • Mergers, acquisitions and exclusive licenses
    • Anticompetitive agreements
    • Abuse of dominance
    • Life cycle management and contracting
    • Pricing strategies
  • Avoiding costly litigation and associated penalties by effectively complying with the law