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Orange Is the New Black: FTC Targets Improper Patent Listings As Anticompetitive
September 18, 2023
By Joseph M. Miller, Sherwet H. Witherington
Nearly a year after announcing the expansion of its Section 5 “standalone authority," which encompasses conduct outside the scope
of the foundational federal antitrust laws, the FTC voted unanimously to issue a policy statement explaining how its authority
applies to the listing of brand-name drug patents in the Food and Drug Administration’s (FDA) Orange Book.
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