Podcast Location:
Download it here [file size: 32.6 MB]
Categories:
Intellectual Property Law
Competition Law & Anti-Trust
CPD Points:
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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast examines the relationship between patent settlements and competition law. It explores the type of settlements that can be encountered in practice and the competition issues that can arise in relation to a settlement. It also looks at the scrutiny of the pharmaceutical industry by the EU Commission and the approach of the EU courts to this area of law, in addition to contrasting the position in the UK to the approach taken by the US antitrust regimes.

Outcomes:
After completing the course you will:
  • Appreciate the relationship between patent settlements and competition law;
  • Recognise the types of settlements that can be encountered in practice;
  • Be aware of the competition issues that can arise in relation to a patent settlement;
  • Be aware of the impact of the EU commission investigation into the pharmaceutical industry;
  • Understand the approach adopted by the EU courts;
  • Know the position under US legislation and be able to contrast this with the UK approach.
Level:
Specialist Difficulty: 5 of 5
Sources and References:
  • Article 101 TFEU;
  • Article 102 TFEU;
  • Case 65/86 Bayer AG v. Sullhofer [1988] ECR 5249;
  • Case T-111/96 ITT Promedia v. Commission [1998] ECR II-2937;
  • Ciprofloxacin Hydrochloride Antitrust Litig., 261 F. Supp. 2d 188, 251 (E.D.N.Y. 2003);
  • Executive Summary of the Pharmaceutical Sector Inquiry Report of the European Commission;
  • Schering-Plough Corporation, et al. v Federal Trade Commission, 11th Cir., No. 04-10688 (8 March 2005);
  • Tamoxifen Citrate Antitrust Litigation, 429 F.3d 370 (2d Cir. 2005);
  • The Commission's Technology Transfer Guidelines;
  • Valley Drug Co. v Geneva Pharm., Inc., 344 F.3d (11 Cir. 2003).
Tags:

In this CPDcast, Suzanne Rab, of Counsel at law firm Hogan Lovells, discusses the competition issues that can arise in relation to a patent settlement and application of competition law to patent settlements in practice.

Podcast last reviewed: 2012-05-01

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