In its first post-Actavis action against pharmaceutical companies, the FTC sued AbbVie, Abbott Labs, Unimed Pharmaceuticals, Besins Healthcare and Teva Pharmaceuticals under Section 5(a) of the FTC Act alleging that the defendants engaged in unfair methods of competition regarding the prescription drug AndroGel. FTC v. AbbVie, Inc., No. 2:14-cv-05151 (E.D. Penn. Sept. 8, 2014) The complaint alleges that defendants AbbVie and Besins filed a sham litigation against Teva by suing it for patent infringement. Teva entered into a pay-for-delay agreement with AbbVie and Besins and as a result, Teva agreed not to introduce the generic version of AndroGel until a certain time period. The FTC alleges that AbbVie's filing of sham litigation against Teva and the agreement among the defendants violates Section 5(a) of the FTC Act.
Full text of the FTC's complaint is available here.
Full text of the FTC's complaint is available here.
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