Pharma patent disputes out-of-court.

Economic Times (New Delhi, India), August, 2007

Byline: Noemie Bisserbe

Aug. 2--MUMBAI, India -- As litigation costs soar, several generic drug makers and innovative pharma companies are settling patent disputes out of court. In these settlements, the generic company usually agrees to delay its entrance in the market, in exchange for certain benefits, such as licences to other patents.

Ranbaxy's agreement with UK drug giant GlaxoSmithKline (GSK) last week, is one such case. Most of the time, the agreements also involve reverse payments, which often remain confidential, in which the innovator company pays the generic drug maker to keep it off the market.

However, even as their number rises, out-of-court settlements are subjected to increasing scrutiny by the Federal Trade Commission (FTC)...

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