Case Study
Cornerstone Research Coauthors Antitrust Amicus Brief for Supreme Court
Filing Details Economic Evidence Against Using a Presumption of Illegality for Reverse Payment Settlements of Pharmaceutical Patent Infringement Suits Cornerstone Research staff and experts coauthored an antitrust economist amicus curiae brief submitted to the U.S. Supreme Court, anticipating the Federal Trade Commission v. Actavis Inc. et al. oral arguments scheduled for March 25, 2013. The brief asked the justices not to rule that reverse payment settlements (in which the patent holder makes a payment to the alleged infringer) are presumptively illegal, warning that such a ruling would reduce the value of pharmaceutical patents, thereby lowering incentives for innovation. The authors argued that there is no evidence reverse payments have undermined the Hatch-Waxman Act’s goal of encourag