FTC files amicus brief in asthma inhaler patent dispute

25 March 2024

The US Federal Trade Commission (FTC) revealed on Friday that it has filed an amicus brief explaining that pharmaceutical maker Teva Pharmaceutical Industries (NYSE: TEVA) has improperly listed patents in the Food and Drug Administration’s (FDA) Orange Book and urged the court to order those listings removed.

Improper Orange Book listings can harm competition by delaying the entry of cheaper generic products, according to the FTC’s brief.

The FTC’s amicus brief relates to a case brought by Israel-headquartered Teva against US drugmaker Amneal Pharmaceuticals (NYSE: AMRX) after Amneal sought FDA approval to bring a generic version of asthma inhaler ProAir HFA to market.

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