ICLE on Bystolic Litigation

New Civil Liberties Alliance – The International Center for Law & Economics was mentioned by the New Civil Liberties Alliance in a media release regarding Judge Lewis Liman of the U.S. District Court for the Southern District of New York citing the amicus brief filed jointly by ICLE and NCLA in moving to dismiss the Bystolic antitrust litigation. You can read full release here.

“The Court agrees with the argument in the amicus brief from the New Civil Liberties Alliance and the International Center for Law and Economics that the appropriate question is the “net” benefit conferred by the reverse payment and not its gross size vel non.”

In its amicus brief, NCLA argued that Congress has long mandated that courts should strive to maintain a balance between the sometimes-competing claims of the patent law and antitrust law, and that antitrust law should not be used to shortchange the rights of patent holders. NCLA’s successful amicus curiae brief was joined by the International Center for Law and Economics.