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The Federal Trade Commission has issued for public comment a notice of proposed rulemaking that is intended to clarify “when a transfer of exclusive rights to a patent in the pharmaceutical industry results in a potentially reportable asset acquisition under the Hart Scott Rodino (HSR) Act.”
The Eleventh Circuit Court of Appeals has dismissed an antitrust action filed by the Federal Trade Commission (FTC) against a name-brand prescription drug manufacturer (the patent holder) and generic drug companies that entered into pay-for-delay agreements to settle patent infringement claims filed against the generic drug companies
