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DG Competition of the European Commission just published its 5th patent monitoring report. It covers patent settlements entered into in 2013. Each year, the Commission claims that the report shows a “steady increase” of patent settlements in general, which supposedly would prove that the Commission’s threat of vigorous enforcement against so-called reverse patent settlements does not prevent pharmaceutical companies from settling patent disputes. The Commission also claims a steady decrease of “problematic settlements”, namely those including a value transfer and a limitation of the generic’s ability to enter the market immediately with its own product. We published a client alert last year warning that the Commission’s conclusions were unsound. The criticism equally applies to this
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