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Federal Trade Commission Files Complaint Against Par Pharmaceutical Over Court-Approved AndroGel(R) Litigation Settlement
Date:2/2/2009

faith final settlement agreement . . . ." The court's Consent Judgment added that the settlement provided the parties with the "opportunity to more productively use money and other resources that would have been spent in the continued prosecution and defense of this Litigation, to the benefit of the Parties and consumers alike . . . ." Furthermore, in ending the three-year patent litigation in the Northern District of Georgia, the Consent Judgment expressly acknowledged that the settlement enabled generic entry "five years earlier than could be achieved if [the generic companies] were permanently enjoined during the life of the [] patent."

The 2006 Court-Approved Settlement Was Approved Under the Same Eleventh Circuit Law that Rejected the FTC's Schering-Plough Case

In 2001, the FTC brought an enforcement action against Schering-Plough Corporation and Upsher-Smith Laboratories, Inc. in which the FTC's judge concluded that there was nothing anticompetitive about the parties' settlement of patent litigation and entry into contemporaneous business arrangements. Although the FTC reversed the findings of its own administrative law judge, the U.S. Court of Appeals for the Eleventh Circuit vacated the FTC's decision and unanimously held that the final patent settlement agreement complied with the antitrust laws. Schering-Plough Corp. v. FTC, 402 F.3d 1056 (11th Cir. 2005). The Eleventh Circuit sits in Atlanta, Georgia, and the U.S. District Court for the Northern District of Georgia is located within the Eleventh Circuit.

Since 2005, the Eleventh Circuit's Schering-Plough decision has been followed by numerous federal circuit and district courts, including by the Second Circuit in In re Tamoxifen Citrate Antitrust Litigation, 466 F.3d 187 (2d Cir. 2006), and by the Federal Circuit in In re Ciprofloxacin Hydrochloride Antitrust Litigation, 544 F.3d 132
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SOURCE Par Pharmaceutical Companies, Inc.
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