Decision on Tamoxifen Cert Petition Expected Soon
by Aaron F. Barkoff
Orange Book Blog
According to this article in today’s Legal Times, the Supreme Court may decide as early as next Monday whether or not to grant certiorari in In Re: Tamoxifen Citrate Antitrust Litigation, the latest “reverse payment” settlement case to be presented to the Court.
In the case, patients, health insurance companies, and consumer advocacy groups are challenging the legality of a patent litigation settlement that included a $21 million payment from Astra Zeneca to Barr Labs and an agreement by Barr to delay marketing its generic tamoxifen product until Astra’s patent expired. Tamoxifen, a treatment for breast cancer, is the most widely prescribed cancer drug in the world.
Links to some of the briefs are provided below. I’ll post additional briefs as I receive them.
PETITION STAGE BRIEFS:
- Plaintiffs’ Cert Petition
- Law Professors’ Amicus Brief,in support of petition
Source: OrangeBookBlog.com
RELATED READING:
- New SSRN paper by Prof. Scott Hemphill: “Drug Patent Settlements Between Rivals: A Survey”
- Recent NLJ article on reverse payment settlements
- Earlier OBB posts: 12/17/06; 9/19/06; 6/19/06
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