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ARTICLE · 28 SEPTEMBER 2011

FTC Releases Report On Authorized Generic Drugs

Jones Day
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The U.S. Federal Trade Commission recently issued a report again criticizing the role that authorized generic drugs sometimes play in patent infringement settlements between branded pharmaceutical manufacturers and their generic counterparts.

United StatesAntitrust/Competition Law

The U.S. Federal Trade Commission recently issued a report again criticizing the role that authorized generic drugs sometimes play in patent infringement settlements between branded pharmaceutical manufacturers and their generic counterparts.  The August 31, 2011, report, titled Authorized Generic Drugs: Short-Term Effects and Long-Term Impact,  concludes a 5-year study by the agency into the effect of authorized generics on pharmaceutical competition.  It demonstrates once again that, despite losses in the courts, the agency has no plans to soften its stance against so-called "reverse payment" patent litigation settlements.  This report arrives as legislation that would restrict such settlements is once again before Congress.

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