On April 25, 2012, the U.S. Court of Appeals for the Eleventh Circuit affirmed a lower court’s dismissal of the Federal Trade Commission’s (“FTC”) complaint against four pharmaceutical companies: Solvay Pharmaceuticals, Watson Pharmaceuticals, Par Pharmaceuticals, and Paddock Laboratories. The FTC’s complaint had alleged a violation of U.S. antitrust law arising from a final patent settlement agreement between branded company Solvay and generic Watson, and a separate consent decree settlement among Solvay and generics Par and Paddock. The Eleventh Circuit’s decision is yet another blow to the FTC’s policy-driven crusade to outlaw so-called “pay-for-delay” patent settlement agreements [1]. Background In September 2006, Solvay separately settled two patent infringement litigations with Par/
Share on
|
|
The US Court of Appeals for the Eleventh Circuit rejects the FTC’s latest pay-for-delay challenge (Solvay / Watson / Paddock)
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.
