Abstract
Using an event study approach, and unique data on Paragraph (iv) pharmaceutical patent litigation decisions, we estimate that brand rms value deterrence at $4.6 billion on average while generic entrants value the right to enter, on average, at $236.8 million. These estimates account for probabilistic district court decisions and an appellate process. In 2002, the Schering-Plough vs. FTC decision led to a surge in pay-for-delay settlements. We estimate that surpluses at stake in decided cases are 73% lower after this decision, reducing the direct (per-case) consumer surplus gains anticipated by the 1984 Hatch-Waxman Act's procedures for early generic entry.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
