Pay-for-Delay Circuit Split Continues; 31 States File Amicus Brief Arguing Pay-For-Delay is Presumptively Unlawful

Earlier this year, in the case In re K-Dur, the Court of Appeals for the Third Circuit found that reverse settlement agreements, also known as “pay-for delay” arrangements, were prima facie evidence of anticompetitive behavior. The court noted that the presumption that such payments are unreasonable restraints of trade can be rebutted by a showing that the payment either offered a pro-competitive benefit or that the payment was for a purpose other than delayed entry into the market of generics. Continue Reading

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NIH expects to rule on ritonavir march-in petition “by the end of the year”

Mark Rohrbaugh has written to Krista Cox to acknowledge the October 25, 2012 march-in petition. According to Rohrbaugh, the petition has be delegated to NIH’s Office of Technology Transfer (OTT), and “NIH has begun to review the issues you have brought to our attention.” Rohrbaugh closes by saying “We expect to respond to your request by the end of the year.” Continue Reading

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WTO TRIPS Council (November 2012): Intervention of Brazil on Intellectual Property and Innovation

On 7 November 2012, Brazil delivered the following intervention under agenda item M, “Intellectual Property and Innovation”.

Statement by Brazil. TRIPS Council.
“Intellectual Property and Innovation”.

Thank you Chairman,

When Brazil asked for an item on “Intellectual Property and Innovation” to be included in the agenda of this session of the TRIPS Council, together with the US delegation, its primary intention was to help set the stage for a debate, without prejudging any outcome whatsoever.

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WTO TRIPS Council (November 2012): Intervention of India on 10th annual review of Article 66.2 (TRIPS Agreement)

On 6 November 2012, India delivered the following intervention under agenda item J, “Tenth Annual Review under Paragraph 2 of the Decision on the Implementation of Article 66.2 of the TRIPS Agreement”.

TENTH ANNUAL REVIEW UNDER PARAGRAPH 2 OF THE DECISION ON THE IMPLEMENTATION OF ARTICLE 66.2 OF THE TRIPS AGREEMENT

Intervention on Agenda item J: Art 66.2

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WTO TRIPS Council (November 2012): Intervention of the United States on the review of the Paragraph 6 system

On 6 November 2012, the United States delivered the following intervention under agenda item F, “Review under Paragraph 8 of the Decision on the Implementation of Paragraph 8 of the Doha Declaration on the TRIPS Agreement and Public Health”.

F. REVIEW UNDER PARAGRAPH 8 OF THE DECISION ON THE IMPLEMENTATION OF PARAGRAPH 6 OF THE DOHA DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC HEALTH

• Thank you, Mr. Chairman, and the Secretariat, for the report on the status of notifications of acceptance of the 2005 Protocol Amending the TRIPS Agreement.

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How did markets respond to Romney’s temporary surge in polling data?

How did the market respond to Romney’s temporary surge in polling data? And which sectors of the economy expect to do better if Romney is elected? For the companies included in a survey, the share prices for all large banks and large health insurance and managed care providers rose when Romney’s poll numbers unexpectedly surged, while prices for the companies in the telecommunications and technology sectors declined.

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