Common Contracts
1 similar Noerr-Pennington And contracts
NOERR-PENNINGTON AND REVERSE PAYMENT AGREEMENTS: A MATCH NOT MADE IN HEAVENNoerr-Pennington And • May 5th, 2015
The Hatch-Waxman Act’s1 enactment in 1984 incentivized generic pharmaceutical companies to challenge branded pharmaceutical companies’ patents that cover some of the most profitable drugs.2 When a generic company files an abbreviated new drug application (“ANDA”) with the Food and Drug Administration, the branded company may file a patent infringement suit against the generic.3 If the parties then decide to settle that litigation, a settlement could result from the generic and branded company negotiating over a potential generic entry date based upon their assessments of the strength of the patent being litigated.
