Bender writes paper on Federal Trade Commission case

Tuesday, November 26, 2013

Paul Bender
Professor Paul Bender recently wrote a white paper questioning parallel legislative efforts in the U.S. Senate regarding the Federal Trade Commission.

The paper, co-written with colleagues Christopher A. Mohr and Michael R. Klipper, is titled “Inappropriate Interference With the Fundamental Right to Settle Litigation,” and examines a bill before the Senate that seeks to restrict the right of brand and generic pharmaceutical companies to settle out of court.

Bender said he finds the premise of the bill “hopelessly flawed,” due to interfering with litigant rights to settle, unfair burdens of proof, conflict with the statutory presumption of patent validity, and other reasons, according to an article by the Generic Pharmaceutical Association.

To read the article and find a link to the white paper, click here.

Bender teaches courses on U.S. and Arizona constitutional law. He has written extensively about constitutional law, intellectual property and Indian law, and is co-author of the two-volume casebook/treatise, Political and Civil Rights in the United States. Professor Bender has argued more than 20 cases before the U.S. Supreme Court, and actively participates in constitutional litigation in federal and state courts.

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