We blogged last October (here) about the Third Circuit’s decision in FTC v. AbbieVie Inc., holding that Section 13(b) of the Federal Trade Commission Act, which expressly gives the FTC authority to obtain injunctive relief, does not allow a district court to order disgorgement or restitution. We also noted that the Supreme Court had granted certiorari to hear an appeal of the 9th Circuit’s decision in AMG Capital Management, LLC v. FTC, where the 9th Circuit upheld the Commission’s right to seek equitable monetary remedies pursuant to Section 13(b) of the FTC Act, while the 3rd
On September 30, 2020, the Third Circuit reversed a decision by the Eastern District of Pennsylvania ordering AbbieVie, Inc. (“AbbieVie”) and Besins Healthcare Inc. (“Besins”) to pay $448 million in disgorgement of ill-gotten profits for allegedly filing sham patent lawsuits to stifle competition. AbbieVie and Besins had filed patent infringement lawsuits against two developers of generic alternatives to its brand-name testosterone gel product AndroGel. The FTC sued AbbieVie and Besins in 2014 alleging that the patent suits were baseless and brought for no other ...
Blog Editors
Recent Updates
- A Ticking Time Bomb—Universal Injunctive Relief at Risk - SCOTUS Today
- CFPB’s Recent Rule Eliminates Medical Debt from Credit Reports
- Justices Rebuke Appeals Court for Overlooking High Court Precedent on Unduly Prejudicial Evidence - SCOTUS Today
- TikTok, the Clock Won’t Stop, and Cases Involving Court Jurisdiction Narrowly Focused - SCOTUS Today
- The Second Circuit Revives Sarah Palin’s Defamation Suit Against The New York Times