Drug Wholesaler Alleges Pay-For-Delay Scheme By Novartis

Law360 (June 29, 2018, 8:55 PM EDT) -- A defunct Illinois drug distribution company filed putative class antitrust allegations against Novartis Pharmaceuticals Corp. and Par Pharmaceutical Inc. on Friday, alleging in New York federal court that the pair cooked up a pay-for-delay scheme for Novartis' high blood pressure drug Exforge.

FWK Holdings Co., the successor to the Frank W. Kerr Co., alleged that Novartis and Par agreed for Par to wait to bring a generic version of Exforge to market in exchange for six months of exclusivity with the drug on the market. The complaint noted that Novartis never sued Par for patent infringement, and argued that Novartis knew...

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