FTC Argues Forest Side Deals In Bystolic Pay-For-Delay Case May Be Unjustified Payments
Commission backs purchasers and end payers in appeal of district court dismissal of suits against Forest and six generic manufacturers. It contends the court contravened Supreme Court’s Actavis decision and proffered its own justifications for side deals in patent settlements.
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Purchasers and payers for AbbVie’s Bystolic, formerly belonging to Forest Laboratories, have failed in their antitrust suits against a host of generic manufacturers and the originator.
AbbVie and FTC both see wins and setbacks in Third Circuit ruling on case involving reverse-payment patent settlement with Teva.
Only one of 232 brand-generic patent suit settlements in the US during FY 2016 contained a side deal or commitment not to market an authorized generic.