The US FTC publishes a report on generic drug entry prior to patent expiration raising issues on patent-shortening settlement agreements

The Federal Trade Commission's recent report, Generic Drug Entry Prior to Patent Expiration (Federal Trade Commission, Generic Drug Entry Prior to Patent Expiration: An FTC Study, July 2002, ("FTC Report")), raises a number of competition issues that merit further discussion and research. This comment will briefly explore the Report’s discussion of patent-shortening settlement agreements. By way of background, some familiarity with the context and complexities of the ANDA/patent infringement litigation process is assumed. In the pharmaceuticals industry, when a generic drug firm (The term "generic firm" can be too simplistic. Upsher-Smith Laboratories is a branded generic firm. It sells pharmaceutical products that include generic versions of branded drugs, but does so under its own

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  • White & Case (Washington)

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Mark Gidley, The US FTC publishes a report on generic drug entry prior to patent expiration raising issues on patent-shortening settlement agreements, July 2002, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 37102

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