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« FDA Approves 35 New Drugs in FY 2011 | Main | Like Two Ships Passing in the Night: U.S. and Europe Consider Patent Eligibility of Biological Materials »

November 21, 2011


Of course, the 180 day exclusivity period was thought to be a major motivator for generic drug development, so it should be interesting to see whether this motivation is diminished if the bill is enacted into law. Also, the Senators seem unaware that the first generic filer frequently charges just a little less than the innovator during the 180-day exclusivity period.

First the FTC, now Congress: so many government interests have started mobilizing against pay-for-delay patent litigation settlements (court rulings notwithstanding) that it seems like it's only a matter of time before these "reverse payment" arrangements become extinct ... at least in their current form.

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