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“Pay-For-Delay” Fight Is Now: FTC, GPhA Spar Over Report In Prelude To Supreme Court Review

 
• By Brenda Sandburg

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.

When the Federal Trade Commission goes before the Supreme Court in March to argue against brand-generic patent settlements involving generic compensation, it will have a new figure to tout. In fiscal year 2012 there were 40 potential “pay-for-delay” deals, a 42.8% increase from the previous year’s tally of 28.

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