“I Didn’t Say Orphan Often: The Benefits of a Bright-Line Rule Banning Brand to Generic Payments in Hatch-Waxman Patent Settlements,” ABA Antitrust Health Care Chronicle, Vol. 19, No. 2 (Summer 2005)
Partner Merril Hirsh co-authored this article, which addresses the antitrust concerns raised by patent litigation settlements between brand-name drug makers and their generic counterparts. Antitrust authorities are expressing increased concern over settlements resulting in monetary payments from brand-names to generics in exchange for the generics’ promise to keep its product off the market for a period of time. Are these settlements the result of a legitimate patent lawsuit or are they a means to create a monopoly of profits? Mr. Hirsh and Mr. Dorfman argue for courts to adopt a “bright-line” rule when faced with this question. Read the article.