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March 2018 Archives

Allergan, Senju, & Kyorin To Pay $9 Million to Settle Product Hopping Suit

On February 16, 2018, Allergan Inc. ("Allergan"), Senju Pharmaceutical Co. Ltd., and Kyorin Pharmaceutical Co. Ltd. (collectively, "Defendants") announced a proposed settlement in which they will pay Hartig Drug Co. Inc. ("Plaintiff") $9 million to end a class action over alleged "product hopping" related to eye care products, Zymar and Zymaxid. Product hopping is a term used to describe the practice of pharmaceutical companies making modest drug reformulations that offer little or no therapeutic advantages in an effort to obstruct generic competitors and preserve monopoly profits on a patented drug. In 2012, the Federal Trade Commission filed an amicus brief stating that product hopping undermines state and federal laws that encourage generic competition and explained that the conduct can be the basis for an antitrust lawsuit.[1]

SCOTUS steps in with key Dodd-Frank whistleblowing ruling

Financial regulators from the U.S. Securities and Exchange Commission have long insisted that the impressive protections extended whistleblowers under the seminal Dodd-Frank legislation be liberally construed. That is, they are stated to apply to individuals who bring fraud-related charges to both the SEC and via other outlets, such as to company managers, various agencies and members of Congress.