FTC Tells 3rd Circ. AbbVie Pay-For-Delay Case Axed Too Early

Law360, Philadelphia (January 15, 2020, 7:50 PM EST) -- The Federal Trade Commission urged the Third Circuit to revive the agency's antitrust claim that AbbVie paid off Teva Pharmaceuticals to delay Teva's generic version of the testosterone treatment AndroGel, saying at oral argument Wednesday that a lower court tossed the suit before the FTC had a chance to back it up.

FTC attorney Matthew M. Hoffman told the three-judge panel that a Pennsylvania federal judge improperly nixed the agency's claim that AbbVie's $175 million patent suit settlement with Teva amounted to anti-competitive pay-for-delay conduct. The FTC said the judge ignored dismissal motion standards when he didn't accept the case's allegations...

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