Howard Morse, partner and co-chair of Drinker Biddle's Antitrust practice, presented at the 8th Annual Maximizing Pharmaceutical Patent Life Cycles conference in New York City on October 24. His presentation was titled “Brand Name and Generic Pharmaceutical Patent Settlements: Pending Legislation, Key Cases and Strategies to Employ.”

The Hatch-Waxman reforms under title XI of the MMA mandated that pharmaceutical companies provide the FTC with advance notice of proposed settlements of patent disputes. The FTC and state attorneys general have challenged a number of settlements on antitrust grounds and settled several cases. Private litigation raising similar claims has followed. Although the Supreme Court denied certiorari in the FTC v. Schering case, questions still loom as to whether brand name and generic patent disputes can ever be settled without ensuing controversy. Pending legislation in both the House and the Senate only add to this uncertainty. This session will examine recent developments – in Congress and the courts — and discuss their implications for the future of settlement strategies.