Mike Lee

Opponents of reverse settlements have for several years argued that they're anti-competitive.

On average, it takes 10 years and $1 billion to develop and gain FDA approval for a new drug.

I want to talk just a little bit about our use of the term 'pay for delay' today.

In your testimony you note that we have a statutory directive that exists under current law that all patents are to be presumed valid.

I think you have to presume that the patent is invalid in order, legitimately, to call it pay for delay.

By the way, when we're in the context of a patent, isn't there something sort of internally inconsistent or contradictory about a standard that would require the patent holder in this context to produce clear and convincing evidence to…

We don't want anti-competitive behavior in our marketplace.

I agree with the holding of the Supreme Court.

Running against the shot clock here--it's something we deal with a lot in the Senate.

Some brand-name manufacturers have chosen to settle lawsuits filed by generics instead of litigating.

Both this recoupment of investment and these profits are jeopardized by lawsuits that are filed by generics.

A presumption of illegality is proper only when 'an observer with even a rudimentary understanding of economics could conclude that the arrangements in question would have an anti-competitive effect on customers and markets.'

Whereas, with Rule of Reason analysis they could continue to take into account the presumption of patent validity and that would operate unhindered in that context.

But to assume that requires us to assume at the outset that the patent is, in fact, invalid.

But to the extent that the existence of the patent and the existence of the current patent term as we have it set up, facilitates innovation, leads to innovation.

Mr. Orszag, so much of the discussion today, including some of your discussion with Senator Klobuchar, has focused on the potential harm to customers that consumers might incur from reverse settlements among pharmaceutical manufacturers in…

Pharmaceutical patents are extremely valuable and it's for good reason that they're valuable.

Wouldn't you have to concede that then in that circumstance you've got pro-competitive effects?

Our laws create a statutory presumption as to the patent's validity.

The most important fact to consider when examining water supply issues in the Colorado River Basin is that the river and its usage are primarily governed by the Colorado River Compact of 1922.

Thank you, Mr. Chairman.

Is it your view that there are unique features, unique aspects, of energy sector water usage that are of particular concern or is it more just that people are concerned about the quantity of it or that it's there?

Were there some recommendations that were more controversial than others among the stakeholders?

Water supply has been and always will be a contentious and challenging issue in the American West.

Based on that objection and despite Peter Keisler's stellar record and the fact that he had really broad-based bipartisan support throughout the legal profession, Democrats in the Senate blocked his nomination to the DC Circuit.