Despite Endo’s Plea, Federal Judge Dismisses FTC Pay-for-Delay Suit

A federal judge awarded the Federal Trade Commission its request to dismiss a pay-for-delay suit that alleges Endo Pharmaceuticals blocked the market entry of Opana ER and Lidoderm generics.

Judge Paul Diamond for the U.S. District Court for the Eastern District of Pennsylvania granted the dismissal despite Endo’s appeal to keep the case alive. Endo had contended that dismissing the lawsuit would allow the FTC to move the case to another court that would likely rule in favor of the agency.

The dismissal comes after the FTC argued that it could voluntarily withdraw the suit without the court’s approval. Third Circuit precedent allows plaintiffs to dismiss cases, the FTC said.