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FTC and Senate back reverse payment ban

Eileen McDermott, Washington DC


Representatives of the Federal Trade Commission and the Department of Justice on Thursday questioned the concept of settlement agreements between generic and brand drug companies, claiming that they eliminate the ability to evaluate the patent validity of a potentially important drug

“Ironically, this should be troubling to patent lawyers too,” said Will Tom, General Counsel of the FTC.

He added that such agreements “also encourage frivolous challenges to strong patents.”

Tom spoke during a joint meeting of...


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