FTC Appeals Big Loss To A Shire Unit In Sham Petition Case

Law360 (April 11, 2018, 9:48 PM EDT) -- The Federal Trade Commission on Wednesday appealed its stinging loss to Shire ViroPharma Inc. in a landmark case that alleges abuse of the U.S. Food and Drug Administration's citizen petition process to delay competition from generic drugs.

In a notice filed in Delaware federal court, the FTC appealed to the Third Circuit a decision last month that derailed its case on procedural grounds. The decision from U.S. District Judge Richard G. Andrews found no evidence that Shire ViroPharma was "about to violate" any law enforced by the FTC and that the case was therefore not authorized under the FTC Act....

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