The leading case giving pay-for-delay settlements per se treatment is the Sixth Circuit's decision in In re Cardizem CD
products were not available in Canada (e.g., Cardizem CD
360 mg, Dilt-CD), and some Canadian products were not distributed in the United States (e.g., Rhotral, Parsitan).
(76) In the court's view, the agreement "was, at its core, a horizontal agreement to eliminate competition in the market for Cardizem CD
throughout the entire United States," (77) because it "guaranteed to [Hoechst] that its only potential competitor at that time, Andrx, would ...
. (67) HMR filed an infringement suit against Andrx within
The lawsuits alleged that the defendants, brand manufacturer Hoechst Marion Roussel and generic manufacturer Andrx, illegally restrained trade for Cardizem CD
and its generic bioequivalents, in violation of the antitrust, unfair competition and/or consumer protection laws.
The case, co-led by New York and Michigan, charged that for a year beginning in July 1998, Hoechst, a pharmaceutical company acquired by Aventis in 2000, paid Andrx just under $100 million not to market a generic version of Cardizem CD
(154) Viewed from this perspective, it is clear that the settlements in Cardizem CD
, Hytrin, and K-Dur 20 should not have been accorded per se treatment.
is a once-daily medication for the treatment of high blood pressure and chest pain.
They reported such cases in African American women, mean age 62 years, who used the long-acting formulation (Cardizem CD
) for 6-11 months before on set of the eruption-reticulated, blue-gray patches on the glabella, malar eminences, neck, upper chest, and distal aspects of the arms and hands.
In In re Cardizem CD
Antitrust Litigation, 90 F.Supp.2d 819 (E.D.
In December, Biovail successfully launched its generic version of Cardizem CD
through its US marketing partner TEVA Pharmaceuticals USA Inc.
Hoechst Marion Roussel has settled a Cardizem CD
patent-infringement lawsuit it filed against Andrx in 1996.
The most common prescription drug categories (brand names) listed were: antihistamines (Claritin-D, Hismanal, Seldane); antihypertensive drugs (Hytrin, Cardizem, Cardizem CD
, Procardia); [H.sub.2]-blockers(*) (Zantac, Pepcid); and cholesterol-lowering drugs (Mevacor).
, Calan SR, and Procardia XL are sustained-release forms of these agents and need to be taken only once a day.
an approval for its ANDA to market a generic version of Cardizem CD
(diltiazem HC1 extended-release capsules.) These generic capsules are equivalent to Valeant International's Cardizem CD
, 120 mg, 180 mg, 240 mg, 300 mg and 360 mg.