1 In the matter of Rambus Inc., FTC Dkt. No. 9302 , Opinion of the Comm’n (Aug. 2, 2006), available at http://www.ftc.gov/os/adjpro/d9302/060802commissionopinion.pdf. 2 In the matter of Rambus Inc., FTC Dkt. No. 9302, Remedy Statement of Comm’r Pamela Jones Harbour, Concurring in Part and Dissenting in Part (Feb. 5, 2006), available at http://www.ftc.gov/os/adjpro/d9302/070205harbourstmnt.pdf. Page 1 of 23 I. INTRODUCTION Good afternoon. Thank you for your kind introduction, and for inviting me to participate in this conference. It is my pleasure to join you today. I have served as an FTC Commissioner for almost four years now. Throughout my term, I have devoted a great deal of attention to issues at the intersection of intellectual property and competition law. The Commission’s unanimous Rambus liability decision,1 issued last August under my authorship, is one particularly noteworthy example. But I am not going to talk about standard-setting today. I will leave that discussion to tomorrow morning’s panelists – other than to put in a shameless plug, before a captive audience, for my dissenting statement on remedy in Rambus. The statement is available on the Commission’s website.2 When I accepted this invitation, I was determined to talk about something a little off the beaten path – something that would be thought-provoking for this highly skilled audience. I decided I would share what I have learned thus far about so-called “generic biologics” – also known as “follow-on” biologics, or FOBs. (As I will explain in a moment, the two terms are not necessarily interchangeable, but for now I will use them that way.) I believe you will be hearing even more about generic biologics in the future. And what you hear may have a lot of rhetoric