Tuesday, June 18, 2013

High Court Revives FTC Suit Over 'Pay-to-Delay' Deals

The Supreme Court on Monday revived the Federal Trade Commission's claim that the multimillion-dollar settlements a drug company paid to keep generic drugs off the market violated antitrust law.
     The high court reversed the 11th Circuit's dismissal of a lawsuit challenging the settlement between Solvay Pharmaceuticals and generic drug makers.
     Solvay makes and sells AndroGel, a patented testosterone-replacement gel. Though the Food and Drug Administration approved the drug in 2000, several companies began developing generic versions before Solvay was issued a patent in 2003.
     Solvay then sued generic drug makers Watson Pharmaceuticals (now Actavis Inc.), Paddock Laboratories and Paddock's partner, Par Pharmaceutical Co., for allegedly infringing on its patent.

http://www.courthousenews.com/2013/06/17/58579.htm 

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