In AndroGel Patent Row, Panel Reinstates Reverse Payment Antitrust Claim

Mealey's (October 1, 2020, 1:27 PM EDT) -- PHILADELPHIA — In a Sept. 30 holding, the Third Circuit U.S. Court of Appeals tossed a $448 million disgorged profits award against the owners of a patent covering AndroGel but found that a Pennsylvania federal judge erred when he dismissed antitrust allegations by the Federal Trade Commission against the testosterone drug makers to the extent that those allegations relied on a reverse payment theory (Federal Trade Commission v. AbbVie Inc., et al., Nos. 18-2621,-2748, -2758, 3rd Cir., 2020 U.S. App. LEXIS 31048)....