Amicus brief before the United States Court of Appeals for the Federal Circuit, in support of appellants and urging reversal of a decision by the United States District Court for the Eastern District of New York dismissing plaintiffs-appellants' federal antitrust claims on the ground that defendants' challenged patent settlement agreement was immunized by the patent laws. The case, filed by direct and indirect purchasers of the wide-spectrum antibiotic drug ciprofloxacin hydrochloride (“Cipro”), involves agreements between defendants Bayer AG and its U.S. subsidiary Bayer Corporation – manufacturer of Cipro and assignee of U.S. Patent No. 4,670,444 which claims the active ingredient in Cipro – and generic manufacturers Barr Laboratories, Inc., The Rugby Group, Inc., Hoechst Marion Roussel, Inc., and Watson Pharmaceuticals, Inc. Under the terms of those agreements (executed in January 1997), Bayer paid the generic companies approximately $398 million in exchange for their agreements not to manufacture any form of Cipro and for Barr’s agreement to terminate its challenge to Bayer's patent by converting its Abbreviated New Drug Application for a generic form of Cipro to permit Barr to market its generic drug only upon expiration of the ‘444 patent in December 2003. In its amicus brief, the Commission argues that the district court's ruling is not compelled by the patent laws, and it conflicts with fundamental antitrust principles.
When a court considers a case whose outcome may affect consumers or competition, the FTC may file a “friend of the court” brief to provide information that can help the court make its decision in a way that protects consumers or promotes competition. To find a specific FTC brief, use the filters on this page.Displaying 61 - 80 of 133
Joint brief of the United States and the Federal Trade Commission, as amicus curiae, urging the Supreme Court to reverse a court of appeals ruling that declared unlawful per se a minimum resale price maintenance (RPM) agreement between defendant manufacturer and its plaintiff-retailer, in reliance on Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 U.S. 373 (1911). In the brief, the agencies argue that the rule of Dr. Miles -- the only remaining per se prohibition against vertical restraints -- should be overturned in light of the Supreme Court's modern antitrust jurisprudence, which employs the rule of reason as the primary analytical framework in Section 1 cases, and the current economic teaching, which recognizes the potentially mixed competitive effects of RPM agreements.
An amicus brief in support of plaintiffs-appellants’ petition for panel rehearing and rehearing en banc. The case concerns a decision by a divided panel of the appeals court upholding the dismissal, pursuant to FRCP 12(b)(6), of an antitrust challenge to a Hatch-Waxman patent settlement between AstraZeneca, the manufacturer of a branded drug, and Barr Labs., an FDA applicant for a generic counterpart. The Commission argues that the panel did not properly consider the Hatch-Waxman Act, which encourages challenges to pharmaceutical patents to facilitate the early entry of generic drugs, and that, if not corrected, the panel decision would permit the holder of a challenged drug patent to harm competition, and thus consumers, substantially by impermissibly paying a would-be generic rival to stay off the market.
In this amicus brief in support of Teva’s combined petition for rehearing and rehearing en banc, the Commission argues that the court erred in affirming the district court’s dismissal of Teva’s complaint in this Hatch-Waxman Act case. The brief argues that the court applied the wrong test to assess jurisdiction under the Declaratory Judgment Act. The court only considered the likelihood that Teva would face a patent infringement suit, but failed to take account of the injury Teva will suffer. The brief argues that Teva will face injury even in the absence of a patent infringement suit because the FDA cannot approve Teva’s generic sertraline hydrochloride drug unless Teva can obtain a court decision regarding Pfizer’s patent.
Amicus Brief of the United States and the Federal Trade Commission addressing the proper methodology for construing the claims of a patent. This brief was filed in response to an order of the Court of Appeals for the Federal Circuit taking the case en banc and inviting the government to submit its views on the questions of the en banc order. The brief argues that in construing patent claims a court should primarily rely on a patent’s intrinsic evidence (its description of the invention and its prosecution history) rather than dictionaries and other external sources. This approach is more likely to result in claim constructions that are closer to those used by the Patent Office in issuing patents and that reflect the inventions as described and enabled.