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Pharmaceutical Patents, Settlements, Reverse Payments, and Exclusion: Update

BY | July 27, 2012

John Bigelow, Jul 27, 2012 In the June issue of this Chronicle my fellow contributors and I described a trend in appellate court decisions involving so called “Reverse Payment” settlements.…

John Bigelow, Jul 27, 2012

In the June issue of this Chronicle my fellow contributors and I described a trend in appellate court decisions involving so called “Reverse Payment” settlements. The trend was towards a rule, called the “scope of the patent” rule, which protects settlements from challenge so long as the terms of settlement are confined to the nominal life of the patent. Less than three weeks after those articles were published the Third Circuit Court of Appeal

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