FTC Admin. Judge Says Endo-Impax Opana Deal Is Lawful

By RJ Vogt (May 18, 2018, 10:33 PM EDT) -- A patent deal in which Endo Pharmaceuticals Inc. paid generic-drug maker Impax Laboratories Inc. to forgo launching a generic version of an opioid pain medication did not violate consumer protection statutes, a Federal Trade Commission administrative law judge ruled Friday, because the settlement's pro-competitive benefits outweighed its anti-competitive harms.

Administrative Law Judge D. Michael Chappell said the FTC's complaint against the 2010 deal must be dismissed because the agreement granted Impax a broad patent license covering Endo's Opana ER-related patents, enabling Impax to sell generic Opana ER without interruption upon launching the product in January 2013.

"Impax's product is not only...

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