FTC sues drug companies for delaying generic entry

On 2 February 2009 the FTC announced that it has filed a complaint, with the Attorney General of California, in the C.D. California District Court against Solvay and three generic drug makers for conspiring to delay the introduction of generic version of AndroGel, a testosterone replacement drug.

According to the complaint, the generic drug makers agreed, in exchange to payments by Solvay, to refrain from challenging Solvay’s patent and from bringing a generic version of AndroGel to the market until 2015. Before the settlement agreements, the generic drug makers challenged the validity and enforceability of Solvay’s patent and denied their infringement of it in regulatory filings and in litigation.