The second circuit in In re Tamoxifen Citrate Antitrust Litigation allowed the maker of a patented drug to pay off an alleged infringer, settling the suit outside of court. Unlike most settlement agreements, where an injured parties receives monetary compensation, this type of settlement provides a pay day to the infringing party, causing more harm to the injured patent holder. Furthermore, it often allows the infringer to walk away from the matter without much harm.
This matter is again up in front of the second circuit. Read more information on this issue here.
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