. >> here's jeff brennan, currently a partner at mcdermott.the simple question, i guess is, who's winning and who's losing here? are consumers losing? are drug companies winning? >> it's really not that simple. it depends on your view about that paradigm which the ftc is challenging. they would say, and their supporters, would say that in a settlement agreement in which the innovator company pays money to the generic, that that has an effect where generics enter the market at a lower price, and consumers are worse off because they don't have an option for a lower priced alternative until a later time in the future. the opposite response to that by the parties who enter into these agreements and that the brand has a patent protecting some aspect of its drug product. in fact, these are patent infringement cases that are getting settled. it's a fundamental aspect of our economy and it helps support why innovator drug companies invest the r&d monies to develop new drugs. and that so long as the patent settlement agreement provides for generic comp