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Faruqi Law Blog

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The FTC Asks the Third Circuit to Take a Second Look at Product Hopping

November 30th, 2016

In June, we updated you on the first product hopping case to make its way to the Third Circuit.  In Doryx, generic manufacturer Mylan challenged Warner Chilcott’s scheme to stay one hop ahead of generic competition by changing its acne treatment first from a capsule to a tablet, then from one tablet strength to another, then from one tablet type to another.  With each change, generic...

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SEC announces $20 million whistleblower award

November 23rd, 2016

The Securities and Exchange Commission (SEC) announced an award of more than $20 million to a whistleblower who promptly came forward with valuable information that enabled the SEC to move quickly and initiate an enforcement action against wrongdoers. The $20 million award is the third highest since the SEC’s whistleblower program issued its first award in 2012.  The program has now awarded...

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"Freelance Isn’t Free” Act Signed into Law

November 17th, 2016

With overwhelming support from the New York City Council, Mayor Bill de Blasio signed into law the “Freelance Isn’t Free” Act which provides extensive rights to the freelancers who help keep NYC running strong.  The Act signifies a major change in how independent contractors will be treated by providing them certain protections previously extended only to employees. The Act requires...

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Pay-for-Delay Drugmakers are Denied Supreme Court Review

November 9th, 2016

The Supreme Court has denied a petition for certiorari filed by GlaxoSmithKline (GSK), which makes the brand drug Lamictal, and by Teva, which now sells less-expensive generic Lamictal in competition with GSK’s brand Lamictal. Lamictal is the brand name for lamotrigine, an FDA-approved anticonvulsant and mood stabilizer.  In a conspiracy challenged by purchasers of Lamictal, Teva delayed...

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The FTC is Regretting its Forum Selection in Lidoderm/Opana Reverse Payment Case

November 2nd, 2016

The Federal Trade Commissions suffered a setback in its effort to hold Endo Pharmaceuticals accountable for two different reverse payment settlement agreements.   The FTC sued Endo and two different generic companies in the Eastern District of Pennsylvania over reverse payment agreements concerning Endo’s two most important products, Lidoderm and Opana ER.  Endo and the generic defendants...

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