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AndroGel $448M Pay-For-Delay Disgorgement Spiked On Appeal, But Some Of FTC Complaint Resurrected

 
• By Brenda Sandburg

AbbVie and FTC both see wins and setbacks in Third Circuit ruling on case involving reverse-payment patent settlement with Teva.

Court of appeals building portico in Washington DC
Third Circuit issues mixed ruling in FTC's Androgel pay-for-delay suit • Source: Shutterstock

An appeals court dealt a blow to the US Federal Trade Commission in eliminating a $448m disgorgement award to the agency in its suit against AbbVie Inc. over AndroGel patent settlements. But it revived the FTC’s reverse-payment claims regarding AbbVie’s agreement with Teva Pharmaceuticals USA Inc.

The decision keeps the complaint alive and gives support to FTC’s long-running battle against so-called “pay-for-delay” settlements between brand and generic companies. However, it is unclear what relief the FTC...

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