Impax Defeats FTC Pay-For-Delay Complaint, Helped By Status As Sole Marketer Of Generic Opana ER

FTC Chief Administrative Law Judge finds procompetitive benefit of Endo-Impax patent settlement agreement outweighs unjustified no-authorized generic provision.

Man Controlling Trade statue in front of the Federal Trade Commission Building

In dismissing the Federal Trade Commission's pay-for-delay complaint against Impax Laboratories Inc., the agency's Chief Administrative Law Judge provided clarity as to what patent settlement deals would clear the antitrust bar set by the US Supreme Court's ruling in FTC v. Actavis.

In a May 18 initial decision, Chief Administrative Law Judge D. Michael Chappell found that the FTC had shown that a portion of Endo Pharmaceutical Inc.'s payment to Impax...

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