Ruling in an antitrust case by the Federal Trade Commission, the 3rd U.S. Circuit Court of Appeals in Philadelphia said the lower court judge who ordered the disgorgement by AbbVie and Besins Healthcare Inc lacked authority under federal law. Hardiman also reinstated an FTC claim challenging AbbVie's agreement to drop a similar lawsuit against Teva Pharmaceutical Industries Ltd while letting the Israeli drugmaker sell a generic version of its TriCor cholesterol drug.
A federal appeals court on Wednesday reversed an order that had required AbbVie Inc and a partner to disgorge $448 million in profit, in antitrust litigation brought by the U.S. Federal Trade Commission related to the testosterone replacement drug AndroGel. The 3rd U.S. Circuit Court of Appeals in Philadelphia said a lower court judge who ordered the disgorgement lacked authority to do so under applicable federal law. It also upheld an order finding AbbVie and its partner Besins Healthcare Inc liable for monopolization, and reinstated some FTC claims.
AbbVie's (ABBV) elezanumab is presently being evaluated in a phase II study for spinal cord injury.