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FTC Files Lawsuit Against Endo Over Pay-for-Delay Settlements
The FTC is suing Endo Pharmaceuticals and several other drugmakers over what it calls the illegal use of pay-for-delay settlements to block the market entry of generic forms of Opana ER and Lidoderm.
The complaint alleges that Endo paid Impax Laboratories in June 2010 to keep its generic version of the extended-release opioid Opana ER off the market for 2.5 years. Endo has paid Impax $112 million to date under the agreement, according to the complaint filed in the U.S. District Court for the Eastern District of Pennsylvania.
It further alleges that Endo and its partner Teikoku agreed to pay Watson Laboratories, now Allergan, in May 2012 to refrain from commercializing its generic Lidoderm until September 2013. Endo paid Watson hundreds of millions of dollars, the FTC says, including providing $96 million worth of free branded product for a topical patch used to relieve pain from shingles complications.