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Antitrust Keyed to Gavil, 5th Ed.
Federal Trade Commission v. Actavis, Inc.
Citation:
570 U.S. 136, 133 S.Ct. 2223, 186 L.Ed.2d 343 (2013)Facts
In 1999, Solvay Pharmaceuticals filed a New Drug Application for AndroGel, which the FDA approved in 2000. Solvay obtained a relevant patent in 2003. Later that year, Actavis filed an Abbreviated New Drug Application for a generic version of AndroGel, certifying that Solvay’s patent was invalid or not infringed. Paddock Laboratories similarly filed its own application, while Par Pharmaceutical partnered with Paddock to share litigation costs and potential profits. Solvay initiated patent litigation against Actavis and Paddock. In 2006, all parties settled. Under the settlement terms, Actavis agreed not to bring its generic to market until August 31, 2015 (65 months before Solvay’s patent expired), and Actavis agreed to promote AndroGel to urologists. The other generic manufacturers made similar promises. In exchange, Solvay agreed to pay millions of dollars to each generic: $12 million to Paddock, $60 million to Par, and an estimated $19-30 million annually for nine years to Actavis. The FTC contended these payments were compensation for the generics agreeing not to compete against AndroGel until 2015.
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