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Authorized Generic Deals Are ‘Pay for Delay,’ FTC Tells Courts … Again

The FTC is challenging a GlaxoSmithKline (GSK)-Teva patent settlement deal, filing an amicus brief that argues authorized generic agreements fall under the category of pay-for-delay deals and are anticompetitive. The FTC wants the U.S. District Court for the District of New Jersey to adopt the 3rd Circuit Court of Appeals’ recent ruling in K-Dur, and it argues that ruling effectively declared authorized generic deals illegal.
Drug Industry Daily