EXTENDING K-DUR’S REACH? FTC FILES AMICUS BRIEF ARGUING THAT PHARMACEUTICAL PATENT LITIGATION SETTLEMENTS CONTAINING “NO-AG” PROVISIONS ARE ANTICOMPETITIVE* The Federal Trade Commission (FTC) filed an amicus brief on October 9 in U.S. District Court (D.N.J.). In it, the FTC spells out its arguments why, as part of a pharmaceutical patent litigation settlement agreement, a branded company’s promise not to launch an authorized generic (AG) version of its product during the generic firm’s 180-day marketing exclusivity period is a "pay-for-delay" agreement in violation of the antitrust laws, if the agreement also contains the generic’s promise to defer its entry. The FTC argues that
The US FTC files an amicus brief arguing that pharmaceutical patent litigation settlements with ’no authorized generic’ provisions are anticompetitive (GSK / Louisiana Wholesale Drug)
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