Abstract
Once again, I will address the issue of litigation settlements between companies that hold patents on pharmaceutical products (sometimes "pioneers") and would-be generic entrants ("generics") who challenge the validity of the patent and/or a claim of infringement. This discussion will focus on the Tamoxifen opinion, with passing reference to other decisions. Obviously, reasonable people can disagree on these issues, but I still believe the Commission's approach in Schering was correct.
Recommended Citation
Thomas B. Leary, Antitrust Issues in the Settlement of Patent Disputes, Part III, 30 SEATTLE U. L. REV. 377 (2006).
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