A US Court of Appeals rejects the FTC’s latest “Pay-For-Delay” challenge (FTC v. Watson)

On April 25, 2012, the U.S. Court of Appeals for the Eleventh Circuit affirmed a lower court’s dismissal of the Federal Trade Commission’s (“FTC”) complaint against four pharmaceutical companies: Solvay Pharmaceuticals, Watson Pharmaceuticals, Par Pharmaceuticals, and Paddock Laboratories. The FTC’s complaint had alleged a violation of U.S. antitrust law arising from a final patent settlement agreement between branded company Solvay and generic Watson, and a separate consent decree settlement among Solvay and generics Par and Paddock. The Eleventh Circuit’s decision is yet another blow to the FTC’s policy-driven crusade to outlaw so-called “pay-for-delay” patent settlement agreements [1]. Background In September 2006, Solvay separately settled two patent infringement litigations with Par/

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Authors

  • Mayer Brown (Washington)
  • US Federal Trade Commission (FTC) (Washington DC)

Quotation

Meytal McCoy, Mika Ikeda, A US Court of Appeals rejects the FTC’s latest “Pay-For-Delay” challenge (FTC v. Watson), 25 April 2012, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 47983

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