McDonnell Boehnen Hulbert & Berghoff LLP partner
Dr. Kevin E. Noonan authored an article entitled, "Federal Trade Commission Rejected in 'Reverse Payment' Suit" that appears in the June 2012 edition of the CPI Antitrust Chronicle. The Federal Trade Commission in recent years has identified a practice it considers to be a threat to consumers regarding generic drugs. This threat is posed by the practice of "reverse payments" in ANDA litigation. Typically, in these arrangements a branded drug manufacturer settles litigation with a generic challenger brought under the Hatch-Waxman Act and such settlements often involve a payment from the branded to the generic drug maker.
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