This alert, the title of which is adapted from a March 30, 2016 FTC Staff Attorney blog post, considers the FTC's first lawsuit challenging a so-called "no-AG" agreement. No-AG agreements are components of Hatch-Waxman...more
4/6/2016
/ Abbreviated New Drug Application (ANDA) ,
Endo Pharmaceuticals ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC v Actavis ,
Generic Drugs ,
Hatch-Waxman ,
No-AG Agreement ,
Patent Infringement ,
Pharmaceutical Industry ,
Pharmaceutical Patents
On June 17, 2015, the U.S. District Court for the Eastern District of Pennsylvania approved a consent order (the “Consent Order”) between the Federal Trade Commission and defendants Cephalon, Inc. and its parent, Teva...more
6/22/2015
/ Abbreviated New Drug Application (ANDA) ,
Antitrust Litigation ,
Cephalon ,
Consent Order ,
Corporate Counsel ,
Disgorgement ,
Federal Trade Commission (FTC) ,
Generic Drugs ,
Hatch-Waxman ,
Patent Infringement ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Reverse Payment Settlement Agreements ,
Teva Pharmaceuticals ,
Unfair Competition
Last week, in In re Cipro Cases I & II, Case No. S198616, the Supreme Court of California adopted the United States Supreme Court's application of the Rule of Reason to the antitrust analysis of so-called "reverse payment"...more
5/15/2015
/ Antitrust Litigation ,
Burden of Proof ,
CA Supreme Court ,
Cartwright Act ,
Cipro ,
Class Action ,
Food and Drug Administration (FDA) ,
FTC v Actavis ,
Generic Drugs ,
Hatch-Waxman ,
Monopolization ,
Patent Infringement ,
Patents ,
Pharmaceutical Industry ,
Reverse Payment Settlement Agreements ,
Rule-of-Reason Analysis ,
Unfair Competition
Earlier this week in FTC v. Actavis, No. 12-416 (U.S. Jun. 17, 2013), the Supreme Court handed down its long-anticipated ruling on “reverse payment” or “pay-for-delay” agreements, holding that these agreements—while not...more