Generic Drugmakers Will Challenge Patents Even When They Have a 97% Chance of Losing: The FTC Report that K-Dur Ignored

Jonathan Gleklen, Kelly Smith, Sep 13, 2012

A striking aspect of the Third Circuit’s decision on Hatch-Waxman patent settlements in the K-Dur litigation is the panel’s repeated reliance on conclusions that the Federal Trade Commission (“FTC”) has drawn from internal studies. It is hard to get through the opinion without running up against “a 2010 analysis by the FTC found,” a “2002 study conducted by the FTC concluded that,” or a “[d]ata ana