FTC Wins $448M Ruling Against AbbVie For Sham Litigation Rather Than Pay-For-Delay Deal

Court finds AbbVie used sham litigation to maintain its monopoly on AndroGel but denies FTC request for an injunction; it is the largest monetary award in a litigated FTC antitrust case.

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

While the Federal Trade Commission lost out on claims AbbVie Inc. engaged in a pay-for-delay deal, it won the overall battle with a court ruling that the company filed sham infringement suits against Teva Pharmaceuticals USA Inc. and Perrigo Co. PLC to block generic competition for its transdermal testosterone replacement therapy AndroGel.

In a June 29 decision, the US District Court for the Eastern District of Pennsylvania ordered AbbVie and its partner Besins Healthcare SA to pay equitable monetary relief of $448m to the FTC

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