Are 'Reverse Payments' Becoming More Reasonable?

Law360, New York (March 30, 2009, 12:00 AM EDT) -- Over the last several years, competition between branded and generic drugs have become an increasingly important focus for U.S. antitrust authorities and private antitrust plaintiffs.

One hot button issue in this area has been patent settlements between branded and generic competitors in which the branded company pays the generic substantial sums and the generic agrees to delay market entry.

The new administration and Congress have expressed concern that reverse payments have caused generic equivalents of branded drugs to stay off the market, thereby delaying the entry...
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