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FDAnews Drug Daily Bulletin

Teikoku, State AGs Reach Agreement to End Pay-For-Delay for Lidoderm Patches

Feb. 6, 2018

Teikoku Pharma reached an agreement with 22 state attorneys general to end a lawsuit accusing the drugmaker of obstructing generic competition.

In 2012, Teikoku entered what the AGs called a pay-for-delay agreement with Endo and Watson to keep generic versions of Lidoderm pain patches off the market. Under the terms of the agreement, Teikoku is prohibited from entering any similar pay-for-delay deals.

The agreement empowers the attorneys general of California, Louisiana, Minnesota and Mississippi to enforce the agreement as the “States Enforcement Council” and gives the council or any of the states involved authority to notify Teikoku if it believes it is noncompliant with the agreement, after which the company will have 15 days to respond. Any disputes in enforcement of the agreement will be heard in the Northern District of California.

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