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PUBPAT in the Federal Circuit » PUBPAT Joins Brief Opposing Exclusion Payments in Pharmaceutical Patent Settlements

PUBPAT JOINS BRIEF OPPOSING EXCLUSION PAYMENTS IN PHARMACEUTICAL PATENT SETTLEMENTS: AARP, Consumer Federation of America, Prescription Access Litigation and PUBPAT Ask Court of Appeals to Bar "Reverse" Payments By Patent Holders to Potential Competitors

WASHINGTON, D.C.  --  February 7, 2008  --  The Public Patent Foundation announced today that it joined with AARP, Consumer Federation of America, and Prescription Access Litigation in filing a friend of the court brief (PDF; 98KB) with the Court of Appeals for the Federal Circuit in Washington, D.C., opposing 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 filed by AARP, CFA, PAL and PUBPAT today argues that such payments violate the antitrust laws and cause significant harm to consumers of pharmaceuticals by unjustifiably delaying entry of generic competition.

The brief, filed in the case of In re Ciprofloxacin Hydrochloride Antitrust Litigation, can be found at PUBPAT in the Federal Circuit.
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