Analysis

'Seminal' Allergan Cases Test Copycat Drug Limits

Law360, New York (November 27, 2017, 11:08 PM EST) -- Two recently filed lawsuits from Allergan PLC are teeing up a pivotal test of the extent to which drug compounders can mass-produce virtual copies of brand-name prescription drugs, attorneys say.

The lawsuits, filed in September in California federal court, allege false advertising by large compounding pharmacies that sell copycat versions of Allergan drugs. They are among the first lawsuits in which a major pharmaceutical company has used the Lanham Act to target compounding pharmacies. The pharmacies, which have increasingly shifted from patient-specific services to large-scale manufacturing, are beginning to pose legitimate financial threats to big drugmakers.

“I think this [litigation] may...

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