Intersection of Patent Infringement and Antitrust Liability in Abbreviated New Drug Application Litigation, The

Noonan, Kevin E.

Journal: Journal of Dispute Resolution

Volume: 2014

Year: 2014

Bluebook Citation: 2014 J. DISP. RESOL. (2014)

Author: Kevin E. Noonan: all 10 publications


Abstract

A battle has been raging, over the past ten years, regarding the competing interests of patent protection and antitrust prohibitions in the specialized area of law concerned with patented drugs regulated by the Food and Drug Administration ("FDA").' The contestants are the Federal Trade Commission ("FTC") and parties to Abbreviated New Drug Application (ANDA) litigation, which are a branded drug company and a generic challenger.

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