FTC Continues Fight Against Reverse Payments

Law360, New York (February 22, 2008, 12:00 AM EST) -- The number of reverse-payment agreements is going up, and courts have generally been reluctant to declare them anti-competitive. In filing a lawsuit against Cephalon Inc. earlier this month, though, the U.S. Federal Trade Commission showed it is not yet giving up the fight against the controversial patent settlements between brand-name and generics drug companies.

According to attorneys knowledgeable about the matter, the FTC filed its suit in the U.S. District Court for the District of Columbia instead of before an administrative law judge so that it...
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