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.
The FTC said these 40 settlements contain both compensation to the generic manufacturer and a restriction on the generic manufacturers’...
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