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The FTC’s Proposed Revisions to the Premerger Notification Rules for Pharmaceutical Patent Licensing Transactions* Recent developments On August 13, 2012, the Federal Trade Commission (“FTC”) released proposed amendments to the Hart-Scott-Rodino (“HSR”) premerger notification rules relating to the transfer of patent rights in the pharmaceutical and medicine manufacturing industry. The purpose of the proposed amendments is to clarify what types of transfers of exclusive rights are reportable under the HSR Act. Implications for Pharmaceutical Companies Under the proposed amendments, a pharmaceutical licensing transaction is reportable if it involves the transfer of “all commercially significant rights” for

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