Settling pharmaceutical patent litigation through reverse payments: Contrasting views.
Published: 2006
Language: eng
Number of pages: 38
ISBN-13: 9780494212356
Subjects: University of Toronto. -- Faculty of Law -- Dissertations.; Patent medicines -- Law and legislation -- United States.; Patent suits -- United States.
Description: The pharmaceutical market in the United States has been facing a severe problem of raising prices, partially because the granting of weak patents increases the number of patent-based monopolies. This problem was partially addressed by the U.S. Congress through the Hatch-Waxman amendments to the Food, Drug and Cosmetics Act which gave generic applicants bonuses for litigating against pharmaceutical patents, which have been used by these applicants and patentees to enter into exclusionary agreements in exchange for a so-called "reverse" payment.In this thesis I propose a new understanding of Hatch-Waxman as a limitation on patent rights which would not permit agreements including reverse payments, and explain why the focus to fully solve this problem should not be left entirely to courts, but instead should be placed on improving granting of patents.
Notes: Source: Masters Abstracts International, Volume: 45-03, page: 1283.

Thesis (LL.M.)--University of Toronto, 2006.

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