Congratulations to Mike on a very fine book. I will confine my comments to Mike's chapter on patent settlements (Chapter 15), which I understand will also be coming out as an article in the Michigan Law Review.1 Patent settlements involving "reverse payments" are a huge topic on which I and many others have spilled much ink already.2 Representative Bobby Rush (President Obama's erstwhile nemesis from Chicago's South Side) has just introduced legislation that would ban reverse payments.' I will not regurgitate my entire spiel on patent settlements here, but instead just try to highlight my essential disagreement with Mike and others who focus on reverse payment settlements between branded and generic pharmaceutical companies as a special antitrust problem.
Crane, Daniel A. "Per Se Illegality for Reverse Payment Settlements?" Review of "Unsettling Drug Patent Settlements: A Framework for Presumptive Illegality." M. A. Carrier. Mich. L. Rev. 108, no. 1 (2009): 37-80. Ala. L. Rev. 61, no. 3 (2010): 575-77.