FTC Argues Forest Side Deals In Bystolic Pay-For-Delay Case May Be Unjustified Payments

Commission backs purchasers and end payers in appeal of district court dismissal of suits against Forest and six generic manufacturers. It contends the court contravened Supreme Court’s Actavis decision and proffered its own justifications for side deals in patent settlements.

FTC building
FTC asks Second Circuit to reinstate pay-for-delay suit over Forest's agreements with generic manufacturers • Source: Shutterstock

The US Federal Trade Commission contends that a district court got it wrong in finding that Forest Laboratories, Inc.’s side deals with generic manufacturers did not constitute unjustifiable payments to delay entry of generic versions of its high blood pressure drug Bystolic (nebivolol).

The commission filed a 20 June amicus brief urging the US Court of Appeals for the Second Circuit to...

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