FTC Loses K-Dur Antitrust Case; Failure To Consider Schering Patent Cited
The Federal Trade Commission should consider the potential exclusionary scope of a brand-name drug company's patents when evaluating whether a settlement with a generic company is anticompetitive, a federal appeals court ruled March 8
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FTC ends its losing streak on patent settlement suits as the Third Circuit says “rule of reason” rather than “scope of patent” analysis should be applied to brand/generic settlements; appeals court reinstates suit by direct purchasers challenging Schering’s payments to Upsher-Smith and ESI Lederle.
Strength of patent is a focus of FTC's amicus brief; the Commission acknowledges that it has inappropriately ignored the issue in the past.
Recently introduced House legislation, while prohibiting "reverse" payments by brand pharmaceutical companies to delay generic launches, would be far more palatable to industry than its Senate counterpart because it confines potential violations to the Federal Trade Commission Act, according to Pfizer Corporate Counsel Dara Diomande