Evil Twins at Richmond

On Friday, November 18, 2011, the Intellectual Property Institute at the University of Richmond School of Law will host the Fifth Annual Evil Twin Debate, featuring Professor Daniel Crane of University of Michigan Law School and Professor Michael Carrier of Rutgers University School of Law at Camden.

The Evil Twin Debate series is founded on the notion that experts are often at loggerheads on important issues of IP policy, yet remain friendly on a personal level. The series therefore brings together pairs of scholars who disagree on an important IP topic, but who can air their disagreements in a friendly exchange — serious in substance but lighthearted in tone. Past debates can be viewed on the Evil Twin website.

This year’s topic is “Drug Settlements: Patently Anticompetitive?” Many recent patent infringement suits between pharmaceutical manufacturers and generic drug manufacturers have resulted in settlements. Anticompetitive concerns arise when these settlements maintain the patent holder’s exclusivity even when the patent is not actually infringed or the patent is invalid. These concerns increase when the settlements include “reverse-payments” to the generic company to delay its entry into the market. This debate will address when, if ever, these settlements should be invalidated and, if so, how such improper settlements can be identified.

The debate will run from noon to 1:00 p.m. in the moot court room at Richmond Law. Admission is free and the public is welcome to attend. A Q&A session and reception will follow. The event has been approved for one hour of Virginia CLE credit.