Topic: Pay for delay

EU issues pay-for-delay fines after nine-year probe

The European Commission has fined Cephalon and Teva a total of €60.5 million for entering into pay-for-delay agreements for a sleep disorder drug, although the enforcer said it no longer believes these types of agreements are a “big issue” in terms of their prevalence.

26 November 2020

Servier suffers Supreme Court loss in pay-for-delay damages suit

Servier has failed to convince the UK’s Supreme Court that product market findings by the EU General Court are binding on competition damages claims by four UK national health services against the drugmaker.

06 November 2020

FTC’s disgorgement authority takes another hit with Third Circuit reversal

The Federal Trade Commission Act does not empower district courts to order disgorgement of ill-gotten gains, the US Court of Appeals for the Third Circuit has ruled in a decision to reverse a $448 million penalty against AbbVie and Besins Healthcare.

01 October 2020

Wright: Rulemaking could be next IP/antitrust battleground

The US antitrust agencies’ losses in intellectual property cases have increased the likelihood of a competition rulemaking, according to former Federal Trade Commission member Joshua Wright.

01 September 2020

Ninth Circuit judge questions generic drugmakers on imminent harm

Judge Andrew Hurwitz of the US Court of Appeals for the Ninth Circuit has asked generic drugmakers why they need to block a California law restricting pay-for-delay settlements if they do not plan to enter into such agreements.

17 July 2020

Fifth Circuit ponders patent settlement incentives in Impax appeal

The US Court of Appeals for the Fifth Circuit has questioned Impax Laboratories and the Federal Trade Commission on what can be legally conceded in settling patent litigation.

10 June 2020

Niaspan buyers denied class cert

A federal judge in Pennsylvania has rejected a bid for class certification by end-purchasers of cholesterol medication Niaspan in their lawsuit against drugmakers AbbVie and Teva Pharmaceuticals.

05 June 2020

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