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« Court Report | Main | FDA Seeks Comment on Biosimilar User Fee Proposal »

May 09, 2011


How do I get a copy of these settlement agreements?

"The Report is accompanied by copies of settlements over Humira® (between Centocor and Abbott Labs), fentanyl (Cephalon and Watson), and gemcitabine (Eli Lilly & Co. against a number of foreign generic drug companies), among others."

Unfortunately, the actual agreements are confidential:


Any information or documentary material filed with the Assistant Attorney General or the Commission pursuant to this subtitle shall be exempt from disclosure under section 552 of title 5, United States Code, and no such information or documentary material may be made public, except as may be relevant to any administrative or judicial action or proceeding. Nothing in this section is intended to prevent disclosure to either body of the Congress or to any duly authorized committee or subcommittee of the Congress.

Indeed, considering the FTC's staunch opposition, it seems almost inevitable that pay-for-delay patent litigation settlements will eventually go the way of the dinosaur -- the recent denial by the SCOTUS of cert for the Bayer case notwithstanding. Then again, I've been saying that for a while now, but pay-for-delay still has somehow survived.

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