FTC Issues New Report on “Pay for Delay” Patent Settlements

By James M. Burns According to a new report by the Federal Trade Commission, brand-name pharmaceutical companies increased their use of “pay for delay” patent settlements last year (October 2011 – September 2012).  Of the total 140 pharmaceutical patent infringement settlements in the year, the report identifies 40 as potential “pay for delay” settlements.  This …

Michigan Governor Vetoes Legislation Banning Health Insurers from Utilizing Most Favored Nation Clauses in Provider Contracts

By James M. Burns On December 6, the Michigan Legislature passed legislation (S.B. 1293) that would have prohibited health insurers and health maintenance organizations in the state from including “most favored nation” clauses in any provider contract. The legislation was expected to be signed into law by Michigan Governor Rick Snyder, but in an unexpected …

James M. Burns Comments on the Supreme Court’s Decision to Hear the Androgel “Pay for Delay” Pharmaceutical Patent Settlement Antitrust Case

James Burns, a Member in Dickinson Wright’s Washington D.C. office, commented to several health care publications on the United States Supreme Court’s decision to hear the Androgel antitrust case (FTC v. Watson Pharmaceuticals).  The case involves so-called “pay for delay” settlements, in which a branded drug manufacturer typically sues a generic manufacturer for patent infringement, …