After taking the rare step of ordering the FTC to respond to interrogatories about why it wanted to subpoena the CEO of Watson Pharmaceuticals regarding a reverse-payment settlement the company entered with Cephalon Inc., the same judge has now recommended the court enforce the subpoena.

In his report and recommendations to the U.S. District Court for the District of Columbia in FTC v. Bisaro, Magistrate Judge Alan Kay said the court must enforce a subpoena, despite allegations the agency improperly issued it, as long as a proper purpose also exists.

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