Five Companies Won’t Delist Orange Book Patents Challenged by FTC, Three Others Will

February 26, 2024

While three of the companies warned of inappropriate Orange Book patent listings by the FTC are delisting all the challenged patents, according to the U.S. legislators who led the action, five others refused to delist.

The companies who refused to delist certain patents said all of their challenged patents were appropriately filed, and had never been used to stifle generics competition.

In November, the FTC issued letters challenging more than 100 patents held by these companies and listed in the Orange Book. The commission said the letters should serve as warnings that companies could face legal action for improperly listed patents — efforts largely employed to deter generics competitors from entering the market.

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