Pay-For-Delay 'Top Priority' For FTC, Leibowitz Says

Law360, New York (June 9, 2010, 6:09 PM EDT) -- The chairman of the Federal Trade Commission underscored the agency's keen interest in fighting so-called pay-for-delay settlements before a Senate panel Wednesday, calling the effort to stop the settlements the commission's “top priority.”

The commission estimates that these types of settlements of patent litigation, in which the patent holder agrees to pay the generic in return for a promise to delay market entry, cost consumers $3.5 billion each year, Jon Leibowitz told the Senate Judiciary Committee's subcommittee on antitrust, competition policy and consumer rights.

“It's a...
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