A US District Court dismisses the FTC’s "pay-for-delay" antitrust lawsuit ruling that the contested settlements are not an unreasonable restraint of trade (Androgel Litigation)

On February 22, 2010, Judge Thomas W. Thrash, Jr. dismissed the Federal Trade Commission’s (FTC) antitrust lawsuit alleging that Solvay Pharmaceuticals (Solvay) conspired with generic drug makers Watson Pharmaceuticals (Watson) and Par Pharmaceuticals (Par) to delay generic competition for the leading testosterone gel product Androgel. [1] The ruling represents a setback to the FTC’s aggressive campaign against so-called “pay-for-delay” patent settlements. Background The Androgel litigation challenges the settlement of patent litigation between branded drug manufacturer Solvay and generic drug producers Watson and Par (together, the defendants) relating to Solvay’s patent covering Androgel. Pursuant to the

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)
  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)
  • The Brattle Group (New York)

Quotation

Gary A. MacDonald, Steven C. Sunshine, James A. Keyte, A US District Court dismisses the FTC’s "pay-for-delay" antitrust lawsuit ruling that the contested settlements are not an unreasonable restraint of trade (Androgel Litigation), 22 February 2010, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 45522

Visites 247

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues