FTC v. Actavis on Remand: A New Chapter* District Court refuses to grant renewed motion to dismiss based on Noerr-Pennington doctrine. In re AndroGel Antitrust Litigation (No. II), MDL No. 2084 (re Federal Trade Commission v. Actavis, Inc., No. 1:09-CV-955-TWT) (N.D. GA April 21, 2014). In April 1999, Solvay Pharmaceuticals, LLC (“Solvay”) filed a New Drug Application (“NDA”) with the Food and Drug Administration (“FDA”) seeking approval to commercially market a testosterone replacement gel (“AndroGel”). The gel had been developed from a pharmaceutical formula by Besins Healthcare, S.A. (“Besins”). Solvay and Besins thereafter filed a patent application with the U.S. Patent and Trademark Office (“PTO”). A patent was subsequently issued. Before its issuance, other companies developed generic
The US District Court for the Northern District of Georgia refuses to grant a renewed motion to dismiss based on the Noerr-Pennington doctrine given such a conclusion would contradict the Supreme Court’s decision finding that a reverse payment settlement agreement should be subject to antitrust scrutiny (Actavis)
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