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Reverse Payments in Generic Drug Settlements - Part II

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

Are the Courts or the FTC Misapplying the Law? By Kevin E. Noonan -- In its report on so-called "pay for delay" settlements of ANDA litigation (otherwise known as "reverse payments"), the Federal Trade Commission (FTC) is calling for an outright ban on such agreements. Settlements containing "reverse payments" involved payments from the patent- and NDA-holding, branded drug company to a generic company that has filed an ANDA containing a Paragraph IV certification that an Orange Book-listed patent is invalid or unenforceable. According to the FTC, these settlements are per se violations of Section 1 of the Sherman Antitrust Act....

Full post as published by Patent Docs on February 24, 2010 (boomark / email).