FTC Faces Uphill Battle In AndroGel Pay-For-Delay Suit
This article was originally published in The Pink Sheet Daily
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.
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Court finds AbbVie used sham litigation to maintain its monopoly on AndroGel but denies FTC request for an injunction; it is the largest monetary award in a litigated FTC antitrust case.
With full slate of new commissioners FTC may expand focus to FDA regulatory issues; Commission has four cases against pharma companies in federal court and is fighting challenges to its authority to bring pay-for-delay suits.
But for the first time ever, Federal Trade Commissioners were split on whether to bring such a case; newer members voted ‘no.’