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Expert Analysis

New Concepts Under FTC Rule For Pharma Patent Deals

Law360, New York (September 19, 2012, 11:44 AM EDT) -- The Federal Trade Commission recently announced and asked for comments on proposed changes to the premerger notification rules under the Hart-Scott-Rodino Act. The proposed rules would require pharmaceutical companies to report to the FTC and the U.S. Department of Justice acquisitions of exclusive patent licenses in which the licensor retains the right to manufacture patented products for the licensee. The acquisition of such licenses is not reportable under the current rules. The FTC estimates the proposed rule amendments will result in an additional 30 reportable transactions per year....

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