Friday, April 27, 2007
Posted by D. Daniel Sokol
David Balto has brought to my attention a speech that FTC Commissioner Tom Rosch made yesterday on IP-Antitrust issues specific to the pharmaceutical sector. According to David, the speech highlights include:
- Rosch believes that both Tamoxifen and Schering were wrongly decided.
- Rosch hopes that the Supreme Court will accept cert in Tamoxifen
- The FTC supports the objectives of the proposed patent settlement legislation
- Rosch believes that the FTC can successfully challenge patent settlements under the standards in the Tamoxifen and Schering decisions and the Commission should do so
- The speech addresses how competition should be analyzed in a merger where the parties suggest that there is no lost competition because the overlapping product of one of the merging parties violates the patent of the other merging party
- the speech addresses issues surrounding building a patent thicket
- Finally, the speech suggests that FTC Section 5 can be used to attack the conduct of a patent troll
You can download the speech here.