May 7, 2015 – George S. Georgiev of the Lowell Milken Institute was cited in a Daily Journal article on the issues surrounding an upcoming California Supreme Court decision on an appeal case (In re Cipro Cases I & II, Cal., No. S198616) contending the rule of reason doctrine.
Antitrust authority George S. Georgiev, a professor of UCLA School of Law’s Institute for Business Law and Policy, said the case is complicated because it involves the intersection of intellectual property law – stemming from the generics’ patent case against Bayer – and antitrust law, which disfavors the kind of monopoly rights that patents bestow.
But he added that Actavis put pay-to-delay deals on the ropes, possibly working in the Cipro plaintiffs’ favor.
The Actavis court “held that the analysis can’t stop with examining whether the pay-for-delay settlement comports with patent law alone; instead, the settlement’s effects on competition also need to be considered,” he emailed.
“The Court’s reasoning has been criticized by some for muddying the waters between IP law and antitrust and for not providing workable guidance on how trial courts should conduct the rule of reason inquiry.”
Read the article