Settlements With Payments To Generics Increase: FTC

Law360, New York (March 28, 2007, 12:00 AM EDT) -- On January 17, 2007, the Federal Trade Commission (FTC) issued its third annual report detailing settlement activity between brand and generic firms resolving patent suits. (The report can be found at http://www.ftc.gov/reports/mmact/MMAreport2006.pdf.)

The report notes that the number of settlements between brands and generics filed with the FTC more than doubled in fiscal year 2006 (to 45 total), compared to the number of settlements filed with the FTC in each of the previous two years.

The report emphasizes that so-called reverse-payment or exclusion-payment settlements—in which the...
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