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Cooley LLP Attorney Megan Browdie to Speak at The Knowledge Group’s Antitrust Enforcement for Pay-For-Delay Settlements: U.S. and E.U. Perspective

New York, NY, June 15, 2016 --( The Knowledge Group/The Knowledge Congress Live Webcast Series, the leading producer of regulatory focused webcasts, has announced today that Cooley LLP Attorney Megan Browdie will speak at the Knowledge Group’s webcast entitled: “Antitrust Enforcement for Pay-For-Delay Settlements: U.S. and E.U. Perspective.” This event is scheduled for October 20, 2016 from 12:00pm – 2:00pm (ET).

For further details, please visit:

About Megan Browdie

Megan Browdie is an associate in Cooley's Antitrust & Competition practice group. She advises clients on antitrust issues, including with respect to mergers and acquisitions, antitrust issues related to intellectual property, patent pooling, and pricing and distribution. She has experience in matters before the Department of Justice, Federal Trade Commission, and state attorneys general, as well as in federal court. Megan has worked with clients in a number of industries, including pharmaceuticals, biotechnology, software, computer hardware, e-commerce, and telecommunications.

Megan is active in the antitrust bar, where she serves as the Young Lawyer Representative to the ABA Antitrust Section’s Mergers and Acquisitions Committee. Megan is recognized by Super Lawyers and LMG’s Expert Guides as a “Rising Star” in antitrust.

About Cooley LLP

Cooley’s attorneys solve legal issues for entrepreneurs, investors, financial institutions and established companies. Clients partner with Cooley on transformative deals, complex IP and regulatory matters, and high-stakes litigation, where innovation meets the law. Cooley has 900 lawyers across 12 offices in the United States, China and Europe. Cooley's antitrust & competition team is recognized as one of the top-tier practices in the area of antitrust by Legal 500, Chambers USA and Global Competition Review. We handle all aspects of antitrust and competition law matters – including counseling, litigation, agency representation and arbitration services – for Fortune 500 corporations, as well as growing companies.

Event Synopsis:

Reverse payment settlements, also referred to as pay-for-delay agreements, describe a settlement of patent infringement litigation between a branded pharmaceutical company and generic in which payment is received by the generic from the branded pharmaceutical company. In typical patent infringement litigation settlement, the alleged infringer pays the patent holder. In a reverse payment settlement, the reverse occurs.

Further, in recent years, these agreements have caused considerable argument within the pharma industry of both the United States and the European Union. Antitrust agencies and courts are making conflicting conclusions regarding the agreements’ conformity with competition rules.

The fundamental question is whether any particular reverse payment settlement includes payment by the incumbent firm to keep a competitor out of the market (pay for delay) or compensation that is competitively benign. Since the Supreme Court’s decision in Actavis, district courts have been attempting to follow a rule-of-reason approach described by the decision. However, considerable disagreement persists about what aspects of these settlements may demonstrate that a deal is anticompetitive or not.

In this live webcast, a notable panel of thought leaders and professionals assembled by The Knowledge Group will provide the audience with an in-depth analysis of the fundamentals as well as recent developments with regards to the Antitrust Enforcement for Reverse Payment Settlements in the United States and European Union landscape.

Key topics include:

- Reverse Payment Settlements – A Legal Primer
- “By Object” Vs. “By Effect” Infringements
- Recent Challenges of Patent Settlements
- Identifying and Mitigating Risks
- Antitrust Enforcement Priorities
- Reverse Payment Agreements: Costs and Damages
- Role of No Authorized Generic Clauses and Ancillary Agreements
- Scope and Limitations
- Recent Legal Issues and Insights Antitrust Lawyers

About The Knowledge Group/The Knowledge Congress Live Webcast Series

The Knowledge Group was established with the mission to produce unbiased, objective, and educational live webinars that examine industry trends and regulatory changes from a variety of different perspectives. The goal is to deliver a unique multilevel analysis of an important issue affecting business in a highly focused format. To contact or register for an event, please visit:
Contact Information
The Knowledge Group
Thomas LaPointe, Jr., Executive Director
Therese Lumbao, Director
Account Management & Member Services

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