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Drug makers' settlements get high court review

Published on NewsOK Modified: December 7, 2012 at 2:37 pm •  Published: December 7, 2012

FTC chairman Jon Leibowitz has called the agreements "win-win deals for both companies. But the leave American consumers footing the bill." The FTC says the settlements add an average of 17 months to the time it takes to get the generic drugs on the market.

Drug makers argue that the settlements are an efficient way to end costly patent litigation and also speed the delivery of cheaper treatments to the market.

Traditionally, generic drug-makers challenge the patents on branded drugs in order to bring their own cheaper versions to market. The companies say a ban on settlements could dissuade generic drug companies from challenging patents in the first place, resulting in a slower rate of generic treatments entering the market.

Arguments likely will take place in March.