6/18/2013

The U.S. Supreme Court reversed a lower-court ruling, allowing the Federal Trade Commission to proceed in its case against a patent settlements involving generic alternatives to a Solvay Pharmaceuticals testosterone drug. The decision recognizes that patent settlements should not be presumed illegal, PhRMA general counsel Mit Spears said. "At the same time, we are disappointed that the majority failed to provide clear and unambiguous guidance as to how patent settlements could be structured to avoid antitrust exposure short of litigating a patent dispute to the end," Spears said.

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