Pay for delay post Lundbeck – Where are we now?

Patent settlement agreements are commercial deals to settle patent-related disputes between originator and generic or biosimilar companies. Particularly problematic from a competition law/antitrust perspective are so called "pay-for-delay" agreements, which may restrict generic or biosimilar market entry in exchange for benefits transferred from the originator to the generic or biosimilar company. As emphasized by the EU-Commission “such agreements may result in delayed market entry of cheaper generic medicines, to the detriment of patients and taxpayers financing the health systems.” Hence, these types of agreements have been investigated by competition authorities on both sides of the Atlantic. In this webinar, we will shed light on pay for delay settlements both from an intellectual property and competition law perspective, and will discuss the implications of the recent case law by the European Court of Justice in Case C-307/18 UK Generics and Case C-591/16 P Lundbeck v Commission for the pharmaceutical sector and the right balance between IP protection and competition law more generally.

The lecture will be in English, have three presentations and will be moderated by Associated Professor Christian Bergqvist, ph.d.

Resources:

  • EU Commissions decision in Lundbeck (19/6-2013)

Speakers

  • Professor Timo Minssen, Jur. Dr, Copenhagen University will start out by providing a brief overview on the practice of patent settlements with a particular focus on “pay-for-delay agreements”. Professor Minssen will explain the reasons for such settlements and the various shapes and forms they may take. 

  • Associate Professor Björn Lundqvist Stockholm University will provide the EU perspective on the pay-for-delay settlements, discussing the recent case law. He will focus on whether the pay-for-delay abuse fits the general trend of a more effect-based, economic approach.  

  • Professor Jacob S. Sherkow will provide an overview of U.S. antitrust law for pay-to-delay settlements, how it differs from the the EC's judgment handed down in Lundbeck, and what lessons attorneys litigating such cases can glean from the CJEU's decision.

A link to join the lecture will be provided when you register. Deadline for registration is 13 November, 2020, 12:00 .