FDAnews Announces Pay-to-Delay Settlements in the Wake of Activis Virtual Conference

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On June 17, the Supreme Court ruled that pay-to-delay settlements in Hatch-Waxman cases (FTC v. Actavis, 570 U.S. 756) are subject to antitrust scrutiny. It’s a green light for Federal Trade Commission enforcement.

Pay-to-Delay Settlements in the Wake of Activis:
Current, Former FTC Officials Offer Answers
**FDAnews Virtual Conference**
Oct. 15, 2013 — 10:00 a.m. – 12:30 p.m. EDT
http://www.fdanews.com/PayDelay

As many as 40 deals done in 2012 can be considered pay-to-delay, up from 28 the year before. Because there is no statute of limitations, the FTC has said it can make companies investigate retroactively.

On Tuesday, Oct. 15, the FTC’s top enforcement officer and two stars of the Washington healthcare antitrust bar will engage over the present — and future — of drug patent settlements.

Without ever leaving the office, get a ringside seat as the FTC’s Markus Meier discloses — and debates — FTC enforcement policy with: Seth Sibler, Partner, Wilson Sonsini Goodrich & Rosati PC (Conference Chair); and Jeff Brennan, Partner, McDermott Will & Emery LLP.

For years, the federal courts have wrestled with pay-to-delay deals. The FTC has argued they almost surely harm competition and therefore violate antitrust laws. Now the Supreme Court has ruled 5-3 in the FTC’s favor (FTC v. Actavis, 570 U.S. 756) creating a new playing field.

This virtual conference brings up-to-the-minute information, alerting to the FTC’s strategy and tactics and helping unravel legal tangles. Discover answers to such key questions as:

  •     How the Activis ruling affects options for settling Hatch-Waxman lawsuits
  •     How size of payment and size of market affects risk of antitrust litigation
  •     Which “side deals” will face greatest scrutiny by the FTC
  •     How likely are challenges to no-authorized-generic settlements in the wake of Activis
  •     How Activis may affect settlements filed with the FTC prior to the ruling
  •     How the FTC is investigating and enforcing pending pay-to-delay cases
  •     What sort of relief the agency will seek for consumers
  •     How the FTC monitors private litigation alleging pay-to-delay agreements
  •     In which situations the FTC can be expected to file amicus briefs
  •     What the FTC looks for in new settlements under the Medicare Modernization Act of 2003 (“MMA”) — anticompetitive concerns
  •     And much more

Discover what the Activis decision really says … What to do if the company is in the middle of structuring a patent deal right now … whether no-authorized-generic deals are on the table or out the window.

Most importantly, discover what the FTC is thinking. Who will the agency target first? How much time will it spend on retroactive prosecutions? This virtual conference gives a rare chance to hear directly from the FTC’s lead authority on patent settlements. There isn’t better regulatory and business intel than this.

The FTC says many pay-to-delay cases have no statute of limitations — meaning the agency can investigate and prosecute cases long considered closed. If drug patents are the company’s life’s blood, register now.

MEET THE FACULTY
Markus Meier is Assistant Director, Health Care Division, FTC Bureau of Competition, managing a staff of more than 30 lawyers and support staff.

Seth Silber (Chair) is a partner in the Washington office of Wilson Sonsini Goodrich & Rosati PC.

Jeff Brennan is a partner in the Washington office of McDermott Will & Emery LLP, focusing on mergers, litigation, government investigations and counseling in healthcare.

ABOUT FDANEWS
FDAnews is the premier provider of domestic and international regulatory, legislative, and business news and information for executives in industries regulated by the US FDA and the European Medicines Agency. Pharmaceutical and medical device professionals rely on FDAnews' print and electronic newsletters, books and conferences to stay in compliance with international standards and the FDA's complex and ever-changing regulations.

WHO WILL BENEFIT

  •     CEOs/COOs
  •     General Counsel
  •     Outside Counsel
  •     VP/ Directors of Regulatory Affairs
  •     VP/Directors of IP
  •     VP/Directors of Portfolio Management

ABOUT FDANEWS
FDAnews is the premier provider of domestic and international regulatory, legislative, and business news and information for executives in industries regulated by the US FDA and the European Medicines Agency. Pharmaceutical and medical device professionals rely on FDAnews' print and electronic newsletters, books and conferences to stay in compliance with international standards and the FDA's complex and ever-changing regulations.

TUITION
$747 per site -- includes virtual conference registration and audio cds and transcripts

EASY WAYS TO REGISTER
Online:     http://www.fdanews.com/PayDelay
By phone: 888-838-5578 or 703-538-7600

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