FTC Loses Androgel Pay-For-Delay Appeal In 11th Circ.

Law360, New York (April 25, 2012, 7:49 PM EDT) -- The Eleventh Circuit on Wednesday axed the Federal Trade Commission's antitrust challenge to patent settlements Solvay Pharmaceuticals Inc. inked with several generics makers to protect its blockbuster drug Androgel, dealing another blow to the agency's decadelong campaign against so-called pay-for-delay deals.

In a strongly worded unanimous opinion, a three-judge panel rejected the FTC's argument that the settlements were anti-competitive because Solvay was "not likely to prevail" in its patent infringement claims against Watson Pharmaceuticals Inc. and Paddock Laboratories Inc.

Under the agency's logic — a shift...
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