Payors Take Lead From FTC In Suing BI Over Its Orange Book Patent Listings For Inhalers

Class action complaint alleges Boehringer Ingelheim engaged in a ‘Respimat Orange Book scheme’ to thwart generic competition for Combivent Respimat and Spiriva Respimat that cost payors millions, if not billions, in overcharges.

Orange Book patent law
Lawsuit alleges Boehringer wrongly listed inhaler patents in FDA's Orange Book • Source: Shutterstock

Payors often sue companies in the wake of government agency enforcement actions, but one group is not waiting for the US Federal Trade Commission’s response to companies defying its request to delist Orange Book patent listings.

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