Exclusion payments in patent settlements: a legal and economic perspective

Legal context. The application of antitrust law to assess settlementsof patent litigation raises difficult issues concerning theappropriate balance of patent law and competition policy. Recentprivate and public invocations of US antitrust law to challengesettlement agreements covering pharmaceutical patents have broughtthese issues to the forefront. The agreements share the commonfeature of an ‘exclusion payment’ from a brand-namedrug manufacturer (the patentee) to a generic drug manufacturer(the accused infringer) in exchange for a promise by the genericcompany to refrain from marketing its product for some time.US federal courts that have examined these agreements have variedin their approach and conclusions regarding the appropriateantitrust analysis to be applied to these settlements. Key points. This article argues that informed antitrust analysisof such agreements must take due note of the ‘probabilistic’nature of patent property rights. Practical significance. The article concludes that exclusionpayments fall outside the scope of a patent's exclusionary scopeand thus are subject to antitrust scrutiny. It demonstratesthat barring anticompetitive exclusion payments in settlementnegotiation prevents collusive bargains that harm consumer welfarewithout discouraging efficient settlements.     

Emma Goldman,Ben Reitman,and Reitman's wives: A study in relationships

Emma Goldman — Voltarine [l]e Cleyre — Louise Michels — Women Rebels — Angela Balabanoff — Anna Bessant — Maria Breshkovski — Margaret Fuller — Frances Wright — Blatavsky — Florence Nightingale — Madame Curie — Mary Baker Eddy¹     

Anaphylaxis After the Injection of Buprenorphine

Cause of death rulings in cases when the concentration of a drug or drugs is higher than observed following therapeutic use are generally straightforward “drug deaths.” However, when toxicology testing identifies drug concentrations consistent with therapeutic use or detects no drugs at all, then the cause of death determination is more complicated. Given the rapidity and protean manifestations of anaphylaxis, it should be considered in deaths where no other cause of death is apparent in a suspected drug death. This article reports two cases where an anaphylactic reaction was observed following either the actual or alleged use of therapeutic formulations of buprenorphine intravenously.     

History,texts and feminism: An interview with Genevieve Lloyd

In 1993, the Social Democratic Party in Sweden adopted the zipper system, a gender quota system whereby women and men are placed alternately on all party lists. The National Federation of Social Democratic Women had, however, as early as in 1928 proposed that the Social Democratic Party introduce gender quotas so that women would be placed in safe positions on the party lists. In this article, the struggle of The National Federation of Social Democratic Women for an increased parliamentary representation of women and its demand for gender quotas during the period 1970–1993 is analysed. Its strategies to put the issue of women's under‐representation on the political agenda are outlined as well as the major discursive frames that the debate was embedded within. The article suggests that the discursive controversies over gender quotas can best be understood in the context of competing conceptions regarding historical development, equal opportunity, local autonomy and cooperation between women and men. One main point is that the zipper system, despite its radical institutional effect, can be seen as a discursive solution to the norm of cooperation.     

J. Brunnée; S.J. Toope,Legitimacy and Legality in International Law: An Interactional Account,Cambridge University Press,Cambridge 2010, xviii + 411 pp., UK£60/US$105, ISBN 978-0-521-88065-7 (hardback); UK£29.99/ US$55, ISBN 978-0-521-70683-4 (paperback). doi: 10.1017/S0165070X11200056

Netherlands International Law Review -     

Place-based differences in the commission of recurrent animal cruelty

Despite the recent surge in research linking animal and human acts of violence, relatively few studies have been conducted examining animal cruelty itself. Although several researchers have begun to identify some of the correlates of animal cruelty, few have attempted to understand how differences in the backgrounds of rural and urban residents have led to their abuse of animals. Using survey data from 180 inmates, this study examines how demographic characteristics, exposure to animal cruelty in childhood, and the target animal's relationship with the abuser have contributed to the frequency of acts of animal cruelty in urban- and rural-based settings. Unlike their urban counterparts, rural respondents who engaged in recurrent animal cruelty were more likely to have witnessed family members and/or friends abuse an animal. Moreover, rural respondents who engaged in recurrent animal cruelty abused pet and stray animals, whereas recurrent animal abusers who grew up in urban areas tended to abuse pets only. These findings suggest possible place-based differences in the etiology of recurrent animal cruelty.     

Lifetime criminal history of sex offenders seen for psychological assessment in five decades

A sample of 2,190 sex offenders seen between 1966 and 2009 was compared on lifetime sexual and all offending, using charges, convictions, court appearances, and self-report as criteria. Of these various criteria, between 47.4% and 81.1% reoffended. Canadian child abuse reporting laws, which came into effect in the 1980s, were associated with increased charges and convictions for offenders, who victimized children, and with a reduction in their longer term reoffense rates. Immigration and population mobility, use of aliases, study follow-up time, and self-reported undetected sex crimes influenced reoffense rates. Results indicate that sex offenders continued to have short prison sentences and/or spend little or no time incarcerated during the latter part of the 20th century.     

The mediating role of self-regulation between intrafamilial violence and mental health adjustment in incarcerated male adolescents

This article investigates the relation between history of intrafamilial violence and self-regulatory capacity, cognitive processing, and mental health adjustment in incarcerated adolescents. Adolescents were incarcerated at the time of the study for various violent offenses, ranging from persistent delinquency to sexual assault (n = 115). A model is proposed that posits that self-regulation, cognitive ability, and cognitive processing are integral to the relation between intrafamilial violence and mental health function. The primary hypothesis of the study tests this mediation model. The relations between mental health, cognitive processing, self-regulation, and intrafamilial violence are also examined. The study was conducted during two sessions at a juvenile facility in the Midwest using survey measures, academic and intelligence testing, and cognitive tasks. Youth were between the ages of 13 and 20. Approximately 70% were previously diagnosed with a disability. Significant Pearson's correlations were found between seven out of eight mental health subscales of the Youth Self-Report (YSR) and intrafamilial violence history. Structural equation modeling was used to examine the role of cognitive processing in the association between intrafamilial violence and mental health function. Nonverbal or performance deficits, a significant difference between verbal skills and nonverbal skills, were related to intrafamilial violence. Self-regulation partially mediated the relation between intrafamilial violence and mental health function. Self-regulation ability may be compromised by intrafamilial violence and be a precursor to both internalizing and externalizing mental health problem in incarcerated youth. Educational, clinical, and research implications are discussed.