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Pharmaceutical Settlements and Judicial Error

BY | May 31, 2022

The intersection of patent and antitrust law presents challenges for courts. Some of the most complex issues have arisen in the pharmaceutical industry. What should courts do when drug companies…

The intersection of patent and antitrust law presents challenges for courts. Some of the most complex issues have arisen in the pharmaceutical industry. What should courts do when drug companies engage in conduct that may be allowed under patent law but threatens significant anticompetitive effects? The question arises in multiple settings. In this article, I focus on patent settlements, analyzing four mistakes courts have made: (1) resurrecting the “scope of the patent” test, (2) bestowing

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