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Should Setllements in Which the Patent Owners Pay the Accused Infringers to Stay Out the Market Be Illegal Per Se

16 Pages Posted: 8 Jan 2012  

Tabrez Ahmad

University of Petroleum and Energy Studies (UPES) - College of Legal Studies

Neha Mishra

Kalinga Institute of Industrial Technology (KIIT University) - KIIT Law School

Date Written: January 8, 2012

Abstract

The entire topic revolves around the concept of reverse settlement payment in which a huge lump of money is paid by the company owning the patent to the generic company for not infringing its product and so that it could enjoy its 20 years for that patent. These provisions are enabled by Hatch-Waxman Act as to application by the patent owner to obtain a patent and it also deals with on what specific grounds a generic company can infringe the patent of the patent owner. The topic briefly narrows down about how reverse payment settlement is violating the antitrust laws and its related case laws. It also describes about how reverse settlement violated the competition law provisions.

Suggested Citation

Ahmad, Tabrez and Mishra, Neha, Should Setllements in Which the Patent Owners Pay the Accused Infringers to Stay Out the Market Be Illegal Per Se (January 8, 2012). Available at SSRN: https://ssrn.com/abstract=1981652 or http://dx.doi.org/10.2139/ssrn.1981652

Tabrez Ahmad (Contact Author)

University of Petroleum and Energy Studies (UPES) - College of Legal Studies ( email )

Energy Acres, Bidholi
Via- Prem Nagar
Dehradun, Uttrakhand 248007
India
+91 8755929751 (Phone)

HOME PAGE: http://www.upes.ac.in/

Neha Mishra

Kalinga Institute of Industrial Technology (KIIT University) - KIIT Law School ( email )

PATIA
P.O. KIIT
Bhubaneswar, Orissa 751024
India
916742725440 (Phone)

HOME PAGE: http://www.kls.ac.in

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