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

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 defendants’

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)
  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)
  • Fordham Competition Law Institute - FCLI (New York)

Quotation

Gary A. MacDonald, Steven C. Sunshine, James A. Keyte, The US District Court for the Northern District of Georgia dismisses the FTC’s pay-for-delay antitrust lawsuit ruling that the contested settlements are not an unreasonable restraint of trade (Androgel), 22 February 2010, e-Competitions Pay-for-delay agreements, Art. N° 45522

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