The Federal Trade Commission has sued AbbVie Inc., as well as AbbVie's partner Besins Healthcare and generics giant Teva Pharmaceuticals, over allegations that the drugmakers unlawfully sought to delay generic competition for AbbVie's blockbuster testosterone-replacement drug, AndroGel.
The FTC alleges AbbVie and partner Besins Healthcare Inc. filed baseless patent-infringement litigation against potential generic-drug competitors to delay generic versions of AndroGel. Additionally, the FTC also sued Teva Pharmaceuticals, alleging that AbbVie made a supply agreement with Teva for an authorized generic version of an unrelated drug, Tricor, in exchange for Teva backing away from legal claims that could have led to a lower-priced generic version of AndroGel.
The commission's lawsuit, part of a larger FTC crackdown on deals between drug makers that can delay entry of new generic drugs, seeks to force the named companies to give up any "ill-gotten gains."
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