A battle over a testosterone gel has finally come to an end. Reports say that the battle, which has been going on for several years, most recently in an Atlanta federal court, has finally been resolved in favor of an out-of-state pharmaceutical company. The business litigation stems from an antitrust lawsuit over Androgel, a pharmaceutical product.
At the heart of the dispute were claims by national pharmacy retailers and the Federal Trade Commission that Watson Pharmaceuticals Inc. had colluded with one-time Georgia-based Solvay Pharmaceuticals Inc. to delay the generic release of a generic form of Solvay’s AndroGel product. Androgel is a treatment to counter low levels of testosterone in men.
By way of background, Watson had sought to market the generic version of the drug in 2003. That apparently led to a patent dispute between the companies which settled in 2006. Then, in 2009, the FTC and the national pharmacies brought suit saying that Watson had been paid by Solvay to improperly delay the release of the generic product.
That 2009 suit was eventually dismissed by the Atlanta federal court, and just last month, the U.S. Court of Appeals for the 11th Circuit upheld the dismissal.
As this story shows, business litigation can become very complex, with one case branching off from others. Often, with each new suit, new entities become involved. Having strong, consistent legal representation can be vital to a successful outcome. In order to ensure that a company’s rights are fully protected, it’s important to know you have experienced legal counsel on your side.
Source: Atlanta Business Chronicle, “Atlanta court ends battle over testosterone gel,” Oct. 1, 2012