A federal appeals court Tuesday overruled an FTC decision that aimed to prevent drug patent holders from paying generic makers to keep cheaper drug versions off the market. In a big victory for pharmaceutical giant Schering-Plough Corp., the 11th Circuit ruled that the December 2003 FTC decision would weaken drug companies' ability to defend their patents. The decision also suggests that the FTC's position would give patent holders less certainty in settling cases out of court.
March 11, 2005 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
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