US courts vs. Patent hold-up in the pharmaceutical sector

Published in the On-Topic Patent Hold-up and the pharmaceutical sector

Authored by Wladimir Soltmann, the article focuses on how patent hold-up – at the confluence of competition law and intellectual property law – is handled by US courts.

In recent years, patent hold-up has raised a number of difficulties in both the United States and the European Union. While patent hold-up originally appeared in the information and communication technology (ICT) sector, it is now spreading to the pharmaceutical sector. Should it be condemned or considered lawful under competition rules? This article attempts to provide some food for thought in response to this question.