Clifford Chance
Antitrust keeps Patent Settlement Agreements in check
20 March 2020
The judgment handed down by the European Court of Justice in the Paroxetine case (C-307/18) provides some guidance on when patent settlement agreements, which include "pay-for-delay" clauses from the patent holder to the potential infringer, may constitute a restriction "by object" or "by effect" and/or an abuse of a dominant position
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