‘Pay for delay’: privity and Lundbeck
Pharmaceuticals company Lundbeck has been the subject of two important decisions in recent weeks — the first concerning the practice of pharmaceuticals companies seeking to prevent or delay the entry onto the market of generic competitors and the second relating to privity of interest in a patent dispute.
The European Commission has been investigating perceived anti-competitive practices in the pharmaceuticals sector. It launched an inquiry into the sector in January 2008, publishing its final report in July 2009. The final report found that the market was not functioning as it should and that these deficiencies could largely be attributed to delays in the entry of generic medicines to the market.
In particular, the European Commission concluded that originator drug companies were using a number of methods to extend the commercial life of their medicines and to prevent or delay the entry of generics. It has been monitoring patent settlement agreements, reflecting its concern that such agreements are being used as a means to delay the entry of generic products onto the market and thus to extend artificially the patent holder’s monopoly…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
The Court of Appeal has handed down its decision in Santander UK plc v RA Legal Solicitors.
The well-known US TV series Glee has been on the wrong end of a High Court trademark infringement action.
Analysis from The Lawyer
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.
New EU rules and lawyers’ increased comfort with digital formats are sparking a sea-change in the way law firms manage their documents