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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!