| 来源类型 | Working Paper
|
| 规范类型 | 报告
|
| DOI | 10.3386/w22194
|
| 来源ID | Working Paper 22194
|
| Are Settlements in Patent Litigation Collusive? Evidence from Paragraph IV Challenges |
| Eric Helland; Seth A. Seabury
|
| 发表日期 | 2016-05-02
|
| 出版年 | 2016
|
| 语种 | 英语
|
| 摘要 | The use of “pay-for-delay” settlements in patent litigation – in which a branded manufacturer and generic entrant settle a Paragraph IV patent challenge and agree to forestall entry – has come under considerable scrutiny in recent years. Critics argue that these settlements are collusive and lower consumer welfare by maintaining monopoly prices after patents should have expired, while proponents argue they reinforce incentives for innovation. We estimate the impact of settlements to Paragraph IV challenges on generic entry and evaluate the implications for drug prices and quantity. To address the potential endogeneity of Paragraph IV challenges and settlements we estimate the model using instrumental variables. Our instruments include standard measures of patent strength and a measure of settlement legality based on a split between several Circuit Courts of Appeal. We find that Paragraph IV challenges increase generic entry, lower drug prices and increase quantity, while settlements effectively reverse the effect. These effects persist over time, inflating price and depressing quantity for up to 5 years after the challenge. We also find that eliminating settlements would result in a relatively small reduction in research and development (R&D) expenditures. |
| 主题 | Health, Education, and Welfare
; Health
; Other
; Law and Economics
|
| URL | https://www.nber.org/papers/w22194
|
| 来源智库 | National Bureau of Economic Research (United States)
|
| 引用统计 |
|
| 资源类型 | 智库出版物
|
| 条目标识符 | http://119.78.100.153/handle/2XGU8XDN/579868
|
推荐引用方式
GB/T 7714 |
Eric Helland,Seth A. Seabury. Are Settlements in Patent Litigation Collusive? Evidence from Paragraph IV Challenges. 2016.
|
|
文件名：
|
w22194.pdf
|
|
格式：
|
Adobe PDF
|
此文件暂不支持浏览
除非特别说明，本系统中所有内容都受版权保护，并保留所有权利。
