Generics Need Sword, Shield For 'Exceptional' Patent Case

Strategies for generic drug companies to avoid paying exceptional-case attorney fees and costs in patent litigation with brand holder.

September 18, 2014

Generic drug companies marketing in the U.S. have particularly rough going these days. The year 2013 saw substantial new Generic Drug User Fee Amendments "user fees" levied on generics for access to the U.S.Food and Drug Administration. The same year brought the U.S. Supreme Court’s Actavis decision: Now the Federal Trade Commission can sue generics for structuring pharma litigation settlements such that the generic company receives something of value from the brand.

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