I didn't realize bristol needed this special approval for any settlement. That may have made it virtually impossible to settle without making huge concessions, i.e. knocking major time off the tail end of the patent. Sherman knew this. Bristol for some reason didn't. And crazy to think sanofi must have had to sign off on it too.
In general when you aren't subject to this bristol decree it's not a very difficult formula to settle a patent. Make it win/win/win for the pharma/generic/consumer. Throw the ftc/consumer a bone and the deal will pass any legal challenge. No one can say you can't settle a case since it's patent litigation and all parties are subject to risk of losing. The deal need only be structured in a way that doesn't reak. I don't see any negative fallout to apotex wrt to future settlements.
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