AbbVie Inc. escaped antitrust litigation over its blockbuster testosterone booster AndroGel 1%, when a federal appeals court in Philadelphia ruled Thursday that rival Perrigo Co. waived its right to bring the case as part of an earlier settlement resolving a patent dispute.
The US Court of Appeals for the Third Circuit found that any alleged scheme to corner the market through “sham litigation” was covered by the claims release Perrigo signed in 2012, upholding a lower court’s decision dismissing the suit.
Automatic regulatory delays triggered by AbbVie’s original patent infringement lawsuit were the main barrier to a potential earlier rollout …
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