Solving the Patent Settlement Puzzle

@article{Elhauge2012SolvingTP,
  title={Solving the Patent Settlement Puzzle},
  author={E. Elhauge and Alexander Krueger},
  journal={Texas Law Review},
  year={2012},
  volume={91},
  pages={283}
}
Courts and commentators are sharply divided about how to assess “reverse payment” patent settlements under antitrust law. The essential problem is that a PTO-issued patent provides only a probabilistic indication that courts would hold that the patent is actually valid and infringed, and parties have incentives to structure reverse payment settlements to exclude entry for longer than this patent probability would merit. Some favor comparing the settlement exclusion period to the expected… Expand
View via Publisher
law.harvard.edu
31 Citations
Highly Influential Citations
3
Background Citations
8
Methods Citations
1

Figures from this paper

31 Citations

Citation Type

Citation Type

Proportional Restraints in Horizontal Patent Settlements
Competitors embroiled in a patent dispute always prefer to preserve and share monopoly profits, even if the patent is likely invalid. Antitrust has come to embrace a policy that requires horizontal… Expand
Proportional Restraints in Horizontal Patent Settlements
Competitors embroiled in a patent dispute always prefer to preserve and share monopoly profits, even if the patent is likely invalid. Antitrust has come to embrace a policy that requires horizontal… Expand
Optimal Incentives for Patent Challenges in the Pharmaceutical Industry
Since the patent system relies on private litigation for challenging weak patents, and patent settlements might influence the incentives for challenging patents, the question arises whether the… Expand
Patent Settlements in the Pharmaceutical Industry: What Can We Learn from Economic Analysis?
Patent settlements between originator and generic firms in the pharmaceutical industry have been challenged by antitrust and competition authorities in the U.S. and the EU. Particularly settlements… Expand
The Distribution of Surplus in the US Pharmaceutical Industry: Evidence from Paragraph iv Patent-Litigation Decisions
In paragraph iv pharmaceutical cases, a patent-litigation decision often determines whether a brand-firm monopoly continues or generic entry occurs. Using unique patent-litigation data and an… Expand
The Distribution of Surplus in the US Pharmaceutical Industry: Evidence from Paragraph (iv) Patent Litigation Decisions
In Paragraph (iv) pharmaceutical cases, a patent-litigation decision often determines whether a brand-firm monopoly continues or generic entry occurs. Using unique patent litigation data and an… Expand
Patent Settlements in Europe and the Lundbeck Case: A Competition Law and Economics Perspective
The paper studies the Lundbeck patent settlement antitrust case of the European Commission from an economic perspective. The Commission concludes that the agreements in Lundbeck involving reverse… Expand
Proportional Restraints in Horizontal Patent Settlements
Patent settlements between rivals restrain competition in many different ways. Antitrust requires them to be "proportional" in that their anti-competitive effects are commensurate with the firms’… Expand
Patent Litigation Strategy and its Effects on the Firm
Patent litigation has attracted scholarly attention to reconcile multiple views for new research. Accordingly, this paper addresses patent litigation strategy and its effect on the firm. Based on 106… Expand
Anticompetitive Patent Settlements – Where Are We Ten Years After the European Commission’s Pharmaceutical Inquiry?
In 2009, the European Commission published a final report on its market inquiry into the pharmaceutical sector. The report revealed the authority’s concerns regarding market practices of… Expand
...
1
2
3
4
...