Vedder Thinking | News U.S. Supreme Court Amicus Brief Filed on "Pay-for-Delay" Settlements
February 28, 2013
Today, Vedder Price filed an amicus brief with the U.S. Supreme Court on behalf of the New York Intellectual Property Law Association (NYIPLA). The brief urges the Supreme Court to confirm that the “scope of the patent” rule protects so-called “pay-for-delay” settlements of patent litigation between brand name pharmaceutical patentees and their generic competitors from attack under the antitrust laws, so long as the underlying suit is not a sham and the terms of the settlement do not harm or impede competition outside the scope of the patent.
The case, which will be argued March 25, 2013, has attracted a great deal of interest from the pharmaceutical and intellectual property communities. A decision from the Supreme Court is expected by the end of June 2013.
The amicus brief was authored with David F. Ryan, Co-Chair of the NYIPLA Committee on Amicus Briefs, and filed by Vedder Price Shareholders Thomas J. Kowalski and John C. Cleary with assistance from Associate Marc B. Schlesinger and Robert J. Rando of the NYIPLA Committee on Amicus Briefs.
Mr. Kowalski is a Shareholder in the New York office of Vedder Price, a member of the firm's Intellectual Property group and a member of the NYIPLA Committee on Amicus Briefs.
Mr. Cleary is a member of the Litigation group at Vedder Price and an NYIPLA member.