FTC vs. AbbVie Pay-For-Delay Suit Crafted For Supreme Court’s ‘Red Flag’ Test
This article was originally published in The Pink Sheet Daily
But for the first time ever, Federal Trade Commissioners were split on whether to bring such a case; newer members voted ‘no.’
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While the Federal Trade Commission won a court order requiring AbbVie to turn over documents in its AndroGel patent settlement the judge dismissed a big chunk of the agency’s complaint.
Focused on $300 million in payments Cephalon made to generic firms to settle Provigil patent suits, case is second to proceed to trial since Supreme Court’s Actavis decision.
Of 145 brand-generic patent settlements in FY 2013, 29 contained both compensation to a generic manufacturer and a restriction on generic entry, down from 40 the previous year; compensation is uncertain in 10 additional deals.