FTC Chairman To Be Jon Leibowitz: Will Reverse Payments Get More Scrutiny?
Jon Leibowitz, a fierce opponent of reverse settlements between brand name and generic companies, is set to head the Federal Trade Commission
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Reverse payment settlements are a popular tactic for settling patent disputes between brand companies and their generic competitors. The Federal Trade Commission has aggressively (but mostly unsuccessfully) fought “pay-for-delay” deals in the courts, arguing that they drive up drug prices. Now FTC has its best chance yet at convincing the Supreme Court to hear the issue. Is this the end of pay-for-delay?
Apotex could make its case for scrapping first-to-file exclusivity during a hearing in Rep. Rush’s subcommittee.
One theme tying together the two mega-mergers announced so far in 2009 is the sense that biopharma companies are taking defensive measures to prepare for health care reform in the U.S