AbbVie Calls Retailers' Bystolic Generic Delay Claims Flawed

By Christopher Cole (September 21, 2021, 6:51 PM EDT) -- AbbVie has urged a New York federal judge to toss complaints from retailers CVS and Walgreens accusing the drugmaker of plotting to keep generic forms of the blockbuster drug Bystolic off the market.

AbbVie and other pharmaceutical companies targeted by the antitrust litigation said Monday that the direct buyer retailers cannot show that payments the defendants made to each other amid patent settlement deals come anywhere near the "large" and "unexplained" payments that would raise antitrust concerns under the U.S. Supreme Court's Actavis decision.

That 2013 ruling found that certain large payments to settle patent disputes amount to so-called "reverse payments"...

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