FTC Sues Solvay, Watson, Parr, Paddock for Settlements to Delay Generic AndroGel
This article was originally published in The Pink Sheet Daily
FTC continues to struggle to find a winning formula in challenges of “reverse payment” cases.
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The high court will determine whether brand-generic reverse payments to settle patent disputes are presumptively anticompetitive and unlawful when it takes up FTC v. Actavis; a ruling affirming the lower court would enable companies to enter agreements without the threat of litigation.
Of the 140 brand-generic patent settlements in FY 2012, 40 contained both compensation to the generic manufacturer and a restriction on generic entry; FTC announces this record number as its suit against Watson goes to Supreme Court.
Patent Settlement Bill Advances - And Firms Fight Back With Examples Of Early Generic Launches That Would Be Prohibited
Four years ago, Teva inked a patent litigation settlement with Wyeth that enabled it to launch generic Effexor XR seven years before the patent on the drug expired