Would the existence of such a policy be grounds for additional damages in the nature of punitive damages?
I’m not sure I follow your thinking here—please elaborate.
Any company that engages in that form of risk transfer should not let it be known, IMO.
My impression is that Teva wants branded-drug companies to be aware that Teva carries insurance for at-risk launches. Teva presumably thinks this knowledge will motivate branded-drug companies to settle patent challenges more readily, giving Teva a financial benefit without having to incur the costs of litigation.
“The efficient-market hypothesis may be the foremost piece of B.S. ever promulgated in any area of human knowledge!”