Patent News

Federal Trade Commission v. AbbVie Inc. (3d Cir. 2020)

By Kevin E. Noonan — The Federal Trade Commission carried out an (in)famous crusade against reverse payment (more provocatively, “pay for delay”) settlements in ANDA litigation for almost a decade before eventually having the Supreme Court see things their way (to some extent) in FTC v Actavis. The Commission has not lost its enthusiasm for such interventions in drug patenting matters but without (so far) overwhelming success. This pattern is illustrated in the Third Circuit’s recent decision in Federal Trade Commission v. AbbVie Inc. The Commission’s interest arose over Androgel, which the opinion characterizes as a “blockbuster testosterone replacement therapy…

View the original article here: Federal Trade Commission v. AbbVie Inc. (3d Cir. 2020)

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