FTC's Reverse Settlement Campaign May Depend On Congress After Another Court Loss
This article was originally published in The Pink Sheet Daily
Suit against Solvay and three generic firms is tossed out of Georgia federal court, but direct purchasers may proceed with claims that defendants filed sham litigation.
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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.
In its 2012 budget proposal for the Centers for Medicare and Medicaid Services, the Obama administration casts its net wide to find potential savings from prescription drug spending to help offset Medicare and Medicaid costs.