This article, written with co-authors Bruce H. Kobayashi, Joshua D. Wright, and Douglas H. Ginsburg, examines the economics of litigation and settlement of patent disputes arising from Paragraph IV Abbreviated New Drug Application (ANDA) filings under the Drug Price Competition and Patent Term Restoration Act (Hatch-Waxman Act) within the framework set out in Actavis.
Assessing umbrella pricing incentives
When collusive agreements involve a subset of firms in an industry, they may create the incentive and ability for firms that are not participants in the cartel...