Teva’s Pay-For-Delay Settlement Restricts Brand-Generic Deals
This article was originally published in The Pink Sheet Daily
$1.2 billion agreement resolving Provigil litigation with FTC blocks Teva from entering business deal with competitor until 30 days after patent settlement that restricts generic entry, sets $7 million cap on litigation savings.
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High court’s decision that FTC lacks authority to seek monetary recovery in litigation is boon for drug makers who have been subject to hefty payouts in reverse settlement and other cases brought by the commission.
Teva received a “package of commercial side-deals” for agreeing to halt generic competition to Cephalon’s Provigil (modafinil) throughout the EU, which it “would not have achieved without committing to staying out of the market,” according to findings by the European Commission.
Direct purchasers' $750m settlement with Allergan is at least the second involving product hopping claims; only one DOJ settlement surpassed this amount in the past year.