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Patent Law

: Patent Docs

House Slips Pay-For-Delay Provision into Appropriations Bill

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

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By Donald Zuhn -- Ordinarily, the passage of a supplemental appropriations bill would likely go unnoticed by those in the pharmaceutical industry. Last week, however, the House of Representatives passed the "2010 Supplemental Appropriations Act" (H.R. 4899) after inserting a provision (among a host of other provisions) that would allow the Federal Trade Commission (FTC) to "initiate a proceeding . . . against the parties to any agreement resolving or settling, on a final or interim basis, a patent infringement claim, in connection with the sale of a drug product," wherein the agreement has "anticompetitive effects." The pay-for-delay or reverse...

Full post as published by Patent Docs on July 08, 2010 (boomark / email).

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