Analysis

Impax Dismissal Offers Clues On Pay-For-Delay Under Actavis

By Matthew Perlman (May 23, 2018, 6:31 PM EDT) -- An administrative law judge earlier this month ordered the dismissal of a Federal Trade Commission action challenging an agreement between Endo and Impax to stall the launch of a generic version of the opioid Opana ER. The order followed the first FTC pay-for-delay trial since the Supreme Court's Actavis ruling and, although the Opana decision is being appealed, the judge's order provides important insights about how courts could analyze these types of agreements under the landmark high court ruling....

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