Highlighting 'Pay For Delay' Concerns

Law360, New York (February 3, 2012, 1:28 PM EST) -- The U.S. Federal Trade Commission (FTC) has recently released two reports relating to the pharmaceutical industry. A significant theme in both reports is a concern that brand-name pharmaceutical companies are using the threat of launching an authorized generic to make deals that delay generic entry.

These reports shine a spotlight on the interplay between authorized generics and pharmaceutical patent settlements, and indicate strong FTC opposition to a practice that has never been found unlawful.

Report on Authorized Generics

On Aug. 31, 2011, the FTC issued its...
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