Pay-for-delay, litigation and licensing – an economic perspective to patent settlements in the pharmaceutical industry

In this webinar Matias Pietola examines the economics of pharmaceutical patent disputes, particularly the dynamics of so-called pay-for-delay agreements in which entry by generic rivals is delayed. Pay-for-delay agreements are presumptively illegal in EU and U.S. antitrust law and are targets of active enforcement actions. However, their impact on consumer welfare may be more complicated than assumed if the impact on licensing and litigation of banning the settlements is taken into account. In his presentation Matias Pietola examines these dynamics and their implications on competition policy, based on a forthcoming article (link below).

Anni Tulkki comments on the presentation and discusses the legal and practical considerations relating to settlements and licensing of pharmaceutical patents.

Program: 

Pay-for-delay, litigation and licensing – an economic perspective to patent settlements in the pharmaceutical industry
Matias Pietola, Principal Ecnomics, Finnish Competition and  Consumer Authoroty

Patent disputes in pharmaceutical industry
Anni Tulkki, Senior Legal Counsel, Bayer Nordic SE

Chair /Moderator of the seminar is Juha Vesala, University Lecturer/Director, University of Lapland/IPR University Center

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More info from the article: 

Pay-for-Delay with Settlement Externalities