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US: Impax settles antitrust cases over generic drug’s delay; litigation continues

By  |  March 26, 2018

Impax Laboratories, has reached a mid-trial settlement with retailers including CVS Health and Rite Aid who accused the drugmaker of entering into an anticompetitive deal to delay launching a generic, cheaper version of acne medication Solodyn.

The deal, disclosed in papers filed in federal court in Boston on Sunday, March 25, resolved only part of the litigation now entering its third week of trial. Impax still faces claims by a class of consumers and insurers.

The settlement resolved claims by retail pharmacy operators including CVS, Rite Aid, Walgreens Boots Alliance, Kroger, Albertsons Companies and HEB Grocery Company LP. Terms were not disclosed.

The trial is one of a handful to have taken place since the US Supreme Court in 2013 said so-called “pay-for-delay” settlements resolving pharmaceutical patent lawsuits can violate antitrust laws.

Full Content: Law 360

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