ARTICLE
25 March 2021

Podcast: An Introduction To Patent Settlement Agreements And Pay-for-delay

B
Bristows

Contributor

Bristows logo
We are a hub for litigation, transactions and advice. We don’t work to billing targets, ensuring clients gets the right combination of experts. It’s a rare approach defining the quality of our advice. We recruit inquisitive minds, many with science and technology backgrounds. We are Bristows, seeing things differently for those shaping tomorrow.
Today we kick off our new podcast series, On The Pulse: Talks, in which we will be exploring the competition law issues associated with patent settlement agreements.
United Kingdom Antitrust/Competition Law

Today we kick off our new podcast series, On The Pulse: Talks, in which we will be exploring the competition law issues associated with patent settlement agreements. Following the Court of Justice's judgment in Generics UK ('Paroxetine') last year and in eager anticipation of its ruling in Lundbeck ('Citalopram') later this month, we will be examining the current status of the law and highlighting practical tips for our listeners to be aware of.

In this first episode, competition law expert Sophie Lawrance introduces the competition law treatment of patent settlement agreements and so-called pay-for-delay agreements. Sophie starts by laying the groundwork, beginning with the definition of patent settlements used in the European Commission's 2009 Pharmaceutical Sector Enquiry Final Report, and coming up to date with the most recent case law. (As with the rest of this series, we will focus on the EU principles, which at this stage are equally applicable in the UK, post-Brexit.)

The series will continue throughout this week, with experts from our competition litigation, patent litigation and commercial & IP transactional teams sharing their insights on some of the most important aspects of patent settlement agreements, including value transfers, no-challenge clauses and practical implications for those drafting patent settlement agreements.

Watch the animated version of this episode below, which includes a useful example.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More