CASE COMMENTS : UNITED STATES – INTELLECTUAL PROPERTY RIGHTS – PATENT AND GENERIC DRUGS – REVERSE PAYMENT SETTLEMENTS – PHARMACEUTICALS

United States: The Court of Appeals for the Eleventh Circuit Rejects FTC challenge to reverse payment settlement (Watson Pharms)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. This decision of the Eleventh Circuit Court of Appeals of April 25, 2012 illustrates the hesitations of U.S. antitrust law regarding certain agreements concluded by pharmaceutical companies (FTC v. Watson Pharms, Inc. , No. 10-12729-DD, 11th Cir., Apr. 25, 2012). Indeed, the case highlights the difficulties in drawing a clear line regarding the harmfulness of the entry deferral agreements concluded by originator companies with generic companies (on this issue, E. Combe and H. Haug, Les laboratoires pharmaceutiques face à la concurrence des génériques : Quels enjeux pour l'antitrust ? adde, J.-C. Roda, Les ententes entre laboratoires concurrents, in Les

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Jean-Christophe Roda, United States: The Court of Appeals for the Eleventh Circuit Rejects FTC challenge to reverse payment settlement (Watson Pharms), 25 April 2012, Concurrences N° 3-2012, Art. N° 48693, pp. 237-240

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