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ARTICLE · 30 MAY 2014

FTC v. Actavis On Remand: A New Chapter

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District Court refuses to grant renewed motion to dismiss based on Noerr-Pennington doctrine.

United StatesAntitrust/Competition Law
Don Hibner, Jr
Don Hibner, Jr
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District Court refuses to grant renewed motion to dismiss based on Noerr-Pennington doctrine.  In re AndroGel Antitrust Litigation (No. II), MDL No. 2084 (re Federal Trade Commission v. Actavis, Inc., No. 1:09-CV-955-TWT) (N.D. GA April 21, 2014).

In April 1999, Solvay Pharmaceuticals, LLC ("Solvay") filed a New Drug Application ("NDA") with the Food and Drug Administration ("FDA") seeking approval to commercially market a testosterone replacement gel ("AndroGel").  The gel had been developed from a pharmaceutical formula by Besins Healthcare, S.A. ("Besins").  Solvay and Besins thereafter filed a patent application with the U.S. Patent and Trademark Office ("PTO").  A patent was subsequently issued.

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