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PUBPAT in the Supreme Court » PUBPAT Joins Brief Asking Supreme Court to Review Lower Court Decision Upholding Exclusion Payments

PUBPAT JOINS BRIEF ASKING SUPREME COURT TO REVIEW LOWER COURT DECISION UPHOLDING EXCLUSION PAYMENTS: Law and Business Professors, AARP and PUBPAT Ask Justices to Hear Case Challenging "Reverse" Payments By Patent Holders to Potential Competitors

WASHINGTON, D.C.  --  April 24, 2009  --  The Public Patent Foundation announced today that it joined with AARP, the American Antitrust Institute and 54 intellectual property, antitrust law, economics and business professors in filing an amici brief (PDF; 171kb) with the United States Supreme Court supporting a challenge to exclusion payments in pharmaceutical patent litigation settlements.

Exclusion payments, also called "reverse payments," are payments made by a patent holder to an accused infringer in exchange for the accused infringer agreeing to not challenge the patent or attempt to compete with the patent holder in the market for the patented good.  The brief joined by PUBPAT today argues that the Supreme Court should take the case and reverse the lower court decision upholding exclusion payments because such payments violate the antitrust laws and cause significant harm to consumers of pharmaceuticals by unjustifiably delaying entry of generic competition.

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