>>This phrase is industry standard; it means that, if a company who is not a party to the settlement launches its own generic drug before the agreed upon launch date in the settlement, the generic-drug company that is a party to the settlement can launch its generic at the same time.
Yes, that's the standard anti-competitive trick that prevents any other generic companies from wasting their time challenging the patent. I think Niaspan (then Kos Pharma) was the first time I saw this idea used.
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