Generics, Others Back Impax Against FTC In 5th Circ.

Law360 (October 11, 2019, 8:19 PM EDT) -- A trade group for the generic pharmaceutical industry, along with others, threw support Thursday behind Impax Laboratories LLC's Fifth Circuit appeal seeking a reversal of a Federal Trade Commission decision in a generic delay case, arguing the agency got its analysis all wrong.

The case targets a deal between Impax and Endo Pharmaceuticals Inc. that allegedly delayed the release of a generic version of opioid pain medication Opana ER. It is the FTC’s first fully litigated challenge to a settlement between branded and generic drug makers since the Supreme Court’s landmark 2013 decision in Actavis, in which justices found such settlements...

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