Case law on reverse payment settlements Sample Clauses

Case law on reverse payment settlements. In re Cardizem CD Antitrust Litigation49 was the first case of reverse payment deal decided by Appellate Court of the USA50. The agreement was concluded in 1997 between the 44 Case In re Ciprofloxacin Hydrochloride Antitrust Litig., 261 F. Supp. 2d 188, 252 (E.D.N.Y. 2003). 45 X.XXXXXXXXX, “Pay-for-Delay Settlements in the Pharmaceutical Industry: How Congress Can Stop Anticompetitive Conduct, Protect Consumers` Wallets, and Help Pay for Health Care Reform (The 35 Billion Solution)”, a speech delivered at Center for American Progress, on June 23, 2009, available at: xxxx://xxx.xxx/speeches/xxxxxxxxx/090623payfordelayspeech.pdf, accessed on 4 June 2012. 46 FTC Staff Study, supra note 42, at p. 2. 47 X.X.XXXXXX, X.XXXX, X.X.XXXXXXXXXXX, X.XXXXXXXXXX,X.X.XXXXXXXXX, supra note 30, at p. 123. 48 Xxxxxxx Act, 15 USC § 1. 49 Case In re Cardizem CD Antitrust Litigation, 332 F.3d 896, United States Court of Appeals, Sixth Circuit. 50 X.X.XXXXXX, X.XXXX, X.X.XXXXXXXXXXX, X.XXXXXXXXXX,X.X.XXXXXXXXX, supra note 30, at p. 125. originator company Hoescht Xxxxxx Xxxxxxx and the generic company Andrx Pharmaceuticals, which was the first to file ANDA-IV certification for the successful brand- name drug Cardizem CD. The settlement did not resolve the patent dispute between the parties, but actually represented an interim agreement between them. Despite the fact that FDA approved his ANDA-IV, the generic company agreed under certain conditions not to market his generic version of Cardizem CD, nor some other non-infringing the patent medicines. Andrx Pharmaceuticals also consented to retain his 180-day exclusivity period, thus creating an obstacle to subsequent ANDA-IV filers to receive approval from FDA and enter the market. In return, Hoescht Xxxxxx Xxxxxxx agreed to make quarterly payments of $10 million to Andrx Pharmaceuticals for not marketing its generic product plus $100 million per year, less the quarter payments already made, once the patent case was resolved51. In its decision, the Sixth Circuit reasoned that according to Section 1 of the Xxxxxxx Act, any agreement in restraint of trade is violation of the antitrust rules. Although, the majority of the deals that restrain trade are judged by the “rule of reason standard”52, according to the case law of the Supreme Court agreements that lead to “horizontal price fixing and market allocation, are thought so inherently anticompetitive that each is illegal per se without inquiry into the harm it has actually caused"53....
Sample 1
AutoNDA by SimpleDocs

Related to Case law on reverse payment settlements

  • Rollovers of Exxon Xxxxxx Settlement Payments If you receive a qualified settlement payment from Exxon Xxxxxx litigation, you may roll over the amount of the settlement, up to $100,000, reduced by the amount of any qualified Exxon Xxxxxx settlement income previously contributed to a Traditional or Xxxx XXX or eligible retirement plan in prior taxable years. You will have until your tax return due date (not including extensions) for the year in which the qualified settlement income is received to make the rollover contribution. To obtain more information on this type of rollover, you may wish to visit the IRS website at xxx.xxx.xxx.

  • Agreement Settlement Agreement Settlement will be used to confirm the offer and delivery of A&D 63 Services by County and determine satisfaction of the minimum performance requirements and quality measures, based on data properly reported in accordance with Section 3., “Special Reporting Requirements” above.

  • Rollovers of Settlement Payments From Bankrupt Airlines If you are a qualified airline employee who has received a qualified airline settlement payment from a commercial airline carrier under the approval of an order of a federal bankruptcy court, you are allowed to roll over up to 90 percent of the proceeds to your Traditional IRA, within 180 days after receipt of such amount, or by a later date if extended by federal law. If you make such a rollover contribution, you may exclude the amount rolled over from your gross income in the taxable year in which the airline settlement payment was paid to you. If you are a qualified airline employee who has received a qualified airline settlement payment from a commercial airline carrier under the approval of an order of a federal bankruptcy court in a case filed after September 11, 2001, and before January 1, 2007, you are allowed to roll over any portion of the proceeds into your Xxxx XXX within 180 days after receipt of such amount, or by a later date if extended by federal law. For further detailed information and effective dates you may obtain IRS Publication 590-A, Contributions to Individual Retirement Arrangements (IRAs), from the IRS or refer to the IRS website at xxx.xxx.xxx.

  • Payments from the Gross Settlement Amount The Administrator will make and deduct the following payments from the Gross Settlement Amount, in the amounts specified by the Court in the Final Approval:

  • Accounts Excluded from Financial Accounts The following accounts are excluded from the definition of Financial Accounts and therefore shall not be treated as U.S. Reportable Accounts.

  • Payment of Settlement Amount (1) Within thirty (30) days of the Date of Execution, the Settling Defendants shall pay the Settlement Amount to Siskinds LLP, for deposit into the Trust Account.

  • Monetary Settlement Terms 3.1 Civil Penalty Payment

  • Loss Settlement Covered property losses are settled as follows:

  • EXCLUDING YOURSELF FROM THE SETTLEMENT If you are a Settlement Class Member and you want to keep any right you may have to sue or continue to sue the Defendant and Released Parties on your own based on the legal claims raised in this lawsuit or released by the Released Claims, then you must take steps to get out of the Settlement. This is called excluding yourself from – or “opting-out” of – the Settlement.

  • Net Out of Settlement Amounts The Non-Defaulting Party will aggregate all Settlement Amounts into a single amount by netting out (a) all amounts that are due to the Defaulting Party for Product that has been Delivered and not yet paid for, plus, at the option of the Non-Defaulting Party, any cash, security or other Performance Assurance then available to the Non-Defaulting Party, plus any or all other amounts due to the Defaulting Party under this Agreement against (b) all Settlement Amounts that are due to the Non-Defaulting Party, plus any or all other amounts due to the Non-Defaulting Party under this Agreement, so that all such amounts will be netted out to a single liquidated amount (the “Termination Payment”) payable by the Defaulting Party. The Termination Payment, if any, is due from the Defaulting Party to the Non-Defaulting Party within two Business Days following notice.

Time is Money Join Law Insider Premium to draft better contracts faster.