Private Equity Newsletter - November 13, 2013

The Federal Trade Commission recently issued proposed rule amendments requiring pharmaceutical companies to comply with the Hart-Scott-Rodino Antitrust Improvements Act (HSR) when transferring "all commercially significant rights" to a patent. Under the new rules, a transaction in which the owner of a pharmaceutical patent grants exclusive marketing and sales rights to a third party, but retains exclusive manufacturing rights under the patent, will be treated as the transfer of an asset potentially reportable under HSR. To learn more, see our recent Alert.