This account is pending registration confirmation. Please click on the link within the confirmation email previously sent you to complete registration.
Need a new registration confirmation email? Click here
See Cramer's multi-million dollar portfolio for FREE and get his new book Get Rich Carefully! Learn More

Former Clinton Deputy Solicitor General Sheds Light On Flaws In Federal Trade Commission's Case In FTC V. Actavis Inc.





New White Paper from Paul Bender questions parallel legislative efforts in the Senate

WASHINGTON, March 25, 2013 /PRNewswire-USNewswire/ -- On the day the U.S. Supreme Court hears oral arguments in FTC v. Actavis, a case that challenges the rights of brand-name and generic drug manufacturers to settle patent litigation out of court, Paul Bender, who served as Principal Deputy Solicitor General under President Bill Clinton, has released a new white paper on the topic. Bender, currently professor of law and Dean Emeritus of the University of Arizona Law School, wrote the paper with colleagues Christopher A. Mohr and Michael R. Klipper. Entitled, "Inappropriate Interference With the Fundamental Right to Settle Litigation," the paper identifies a number of ways that the law supports the right of companies to include considerations in the settlement of these cases.

"There is no one more qualified to comment on these matters than Paul Bender," said Ralph G. Neas, President and CEO of the Generic Pharmaceutical Association. "From the time that he clerked for Judge Learned Hand and then for Justice Felix Frankfurter until today, Paul has had a deep understanding of constitutional law. That, coupled with his decades of experience with the impact that policy can have on citizens, is what makes his analysis so salient.  Bender's paper confirms that not only should the court uphold the fundamental right of companies to include consideration in settling these cases, but that Congress should, too."

The white paper examines legislation currently before the Senate, S.214, that raises many of the same issues as the case facing the Court today.  The bill seeks to restrict the right of brand and generic pharmaceutical companies to settle out of court. Bender finds the premise of the law— and the FTC case— "hopelessly flawed," due to interfering with litigant rights to settle, unfair burdens of proof, conflict with the statutory presumption of patent validity, frustration of the pro-litigation provisions of Hatch-Waxman, and precluding pro-consumer settlements.

Select the service that is right for you!

COMPARE ALL SERVICES
Action Alerts PLUS
Try it NOW

Jim Cramer and Stephanie Link actively manage a real portfolio and reveal their money management tactics while giving advanced notice before every trade.

Product Features:
  • $2.5+ million portfolio
  • Large-cap and dividend focus
  • Intraday trade alerts from Cramer
  • Weekly roundups
TheStreet Quant Ratings
Try it NOW
Only $49.95/yr

Access the tool that DOMINATES the Russell 2000 and the S&P 500.

Product Features:
  • Buy, hold, or sell recommendations for over 4,300 stocks
  • Unlimited research reports on your favorite stocks
  • A custom stock screener
  • Upgrade/downgrade alerts
Stocks Under $10
Try it NOW

David Peltier, uncovers low dollar stocks with extraordinary upside potential that are flying under Wall Street's radar.

Product Features:
  • Model portfolio
  • Stocks trading below $10
  • Intraday trade alerts
  • Weekly roundups
Dividend Stock Advisor
Try it NOW

Jim Cramer's protege, David Peltier, identifies the best of breed dividend stocks that will pay a reliable AND significant income stream.

Product Features:
  • Diversified model portfolio of dividend stocks
  • Alerts when market news affect the portfolio
  • Bi-weekly updates with exact steps to take - BUY, HOLD, SELL
Real Money Pro
Try it NOW

All of Real Money, plus 15 more of Wall Street's sharpest minds delivering actionable trading ideas, a comprehensive look at the market, and fundamental and technical analysis.

Product Features:
  • Real Money + Doug Kass Plus 15 more Wall Street Pros
  • Intraday commentary & news
  • Ultra-actionable trading ideas
Options Profits
Try it NOW

Our options trading pros provide daily market commentary and over 100 monthly option trading ideas and strategies to help you become a well-seasoned trader.

Product Features:
  • 100+ monthly options trading ideas
  • Actionable options commentary & news
  • Real-time trading community
  • Options TV
To begin commenting right away, you can log in below using your Disqus, Facebook, Twitter, OpenID or Yahoo login credentials. Alternatively, you can post a comment as a "guest" just by entering an email address. Your use of the commenting tool is subject to multiple terms of service/use and privacy policies - see here for more details.
DOW 16,408.54 -16.31 -0.10%
S&P 500 1,864.85 +2.54 0.14%
NASDAQ 4,095.5160 +9.2910 0.23%

Brokerage Partners

Rates from Bankrate.com

  • Mortgage
  • Credit Cards
  • Auto
Advertising Partners

Free Newsletters from TheStreet

My Subscriptions:

After the Bell

Before the Bell

Booyah! Newsletter

Midday Bell

TheStreet Top 10 Stories

Winners & Losers

Register for Newsletters
Top Rated Stocks Top Rated Funds Top Rated ETFs