The monitoring of patent settlements (fourth report)

By Dr Wolfgang Rehmann and Diana Heimhalt

On 9 December 2013, the European Commission published its report on the monitoring of patent settlements concerning the period from January to December 2012. The intention of the European Commission is to continue the monitoring of patent settlements between originator and generic companies and to identify those settlements that delay generic market entry to the detriment of the European consumer, possibly in violation of European competition law.

According to the fourth monitoring exercise undertaken by the European Commission, 183 patent settlement agreements were concluded in the European Economic Area (EEA) between 1 January 2012 and 31 December 2012. Therefore, the present exercise has confirmed the increasing use of patent settlements in the European pharmaceutical sector. The results show that the commission’s announcement that it would continue scrutinising this kind of settlement in the future has not hindered companies from concluding settlements in general…

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