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Third Circuit Hears Argument in In re: K-Dur Antitrust Litigation
by Kyle Deighan The Third Circuit on Monday heard oral arguments on the legality of a settlement between several pharmaceutical companies in In re: K-Dur Antitrust Litigation. Under the 1997 agreement,...
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Pay-for-Delay: Cipro® Settlement to Be Reviewed by the California Supreme Court
by Richard F. Kurz A February 17 news release announced that the California Supreme Court is considering whether a California state law may be used to challenge “reverse exclusionary payments” made in...
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AstraZeneca Settles Toprol XL® Class Action Suit
On May 30, AstraZeneca Pharmaceuticals LP (“AstraZeneca”) reached an agreement to a settlement with a class of indirect purchasers in an antitrust action involving the drug Toprol-XL® (metoprolol...
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Pharmacies Allege Wyeth and Teva Violated Sherman Act
On June 12, Rite Aid and several pharmacies (hereafter “Rite Aid”) filed suit against Wyeth, Inc. (“Wyeth”) and Teva Pharmaceuticals USA, Inc. (“Teva”) in the United States District Court for the...
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FLH Partner Malkin Quoted in FDANews Article on K-Dur® Pay-for-Delay Ruling
On August 21, FLH Partner Brian J. Malkin was quoted in an FDAnews Article on a August 17 ruling refusing to stay a ruling regarding a settlement for K-Dur® 20 (potassium chloride) that was found to be...
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Pay-for-Delay: U.S. Supreme Court Is Asked to Resolve the Differing Antitrust...
On September 21, FTC Commissioner Thomas Rosch commented on the differing antitrust standards that have been adopted by the U.S. Courts of Appeals when considering the legality of pharmaceutical patent...
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FTC Asserts K-Dur Applies to Authorized Generic Deals
The Federal Trade Commission (“FTC”) on October 5, 2012, again filed an amicus curiae brief asking a federal district court in New Jersey to apply the ruling in K-Dur to an authorized generic deal. The...
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U.S. Supreme Court to Review Eleventh Circuit’s AndroGel Decision Regarding...
On December 7, 2012, the U.S. Supreme Court granted the Federal Trade Commission’s (“FTC’s”) certiorari petition and will address the question of whether settlements of Hatch-Waxman pharmaceutical...
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Pay-for-Delay AMA Opines Should End
On February 11, the American Medical Association (“AMA”) voiced its opinions regarding the U.S. Supreme Court’s upcoming review of pharmaceutical patent litigation settlements that include payments to...
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Supreme Court Hears AndroGel® Reverse Payments Case
On March 25, 2013, the U.S. Supreme Court heard oral argument in the Federal Trade Commission’s (“FTC’s”) case challenging the Hatch-Waxman patent settlements Solvay (now owned by Abbot Laboratories)...
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