The US Federal Trade Commission may take legal action against brandname drug manufacturers who improperly list patents in the US Food and Drug Administration’s Orange Book and factor this behavior in merger reviews.
FTC Set To Take Enforcement Action Against Drugmakers Over Orange Book Patent Listings
Merger reviews could take into account sponsor's Orange Book behavior. FTC's statement does not detail what would make a patent listing 'improper' but the precedents from court cases against various sponsors should offer industry some guideposts.
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