Antitrust Implications of Biologic Patent Settlements

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Antitrust enforcement has become increasingly common in the biologics industry, often quickly following biosimilar approval. These new dynamics expose companies to potential future litigation and raise important issues that should be considered concurrently during the biologic patent litigation settlement process. Given the FDA and FTC’s recent joint statement pledging to advance competition in the biologics marketplace, the importance of these antitrust considerations, and their federal scrutiny, is likely to only increase going forward.

In this webinar, Fish attorneys Brian Coggio and Scott Flanz analyze the most recent trends in antitrust application to biologic and pharmaceutical patent litigation, including:

  • Analysis of major, currently pending biologic antitrust litigations
  • Application of key small-molecule antitrust precedent to current pharmaceutical litigation
  • Review of new California statute reversing presumption of anticompetitive effects for reverse payment litigation settlements
  • Examination of 11 critical considerations for identifying potential future biologic antitrust issues

Presenters: Brian Coggio, Scott Flanz