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AndroGel Reverse Payment Suits Thrown Out

Law360 (February 23, 2010, 4:05 PM EST) -- A federal judge has thrown out suits by the Federal Trade Commission and private plaintiffs challenging patent settlements in which Solvay Pharmaceuticals Inc. paid generic-drug makers not to compete with its testosterone supplement AndroGel, joining other federal courts in upholding drug companies' right to make so-called reverse payment deals.

Judge Thomas W. Thrash of the U.S. District Court for the Northern District of Georgia ruled Tuesday the settlements were legal because they didn't extend Solvay's monopoly on AndroGel past the expiration of its patent on the drug, citing a similar finding by the U.S. Court of Appeals for the Eleventh Circuit...

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