Flush from its victory earlier this year before the U.S. Supreme Court, the Federal Trade Commission has asked to submit an amicus curiae brief in a New Jersey federal case involving a drug patent settlement that delayed generic competition.
The FTC wants to weigh in on In re Effexor XR Antitrust Litigation, which challenges an agreement between drug makers Wyeth Pharmaceutical Co. and Teva Pharmaceuticals USA Inc. over the blockbuster antidepressant Effexor XR. According to the FTC, generic giant Teva agreed to delay introducing generic Effexor XR until July 1, 2010, and in return, brand-name maker Wyeth agreed to hold off marketing a competing "authorized generic" version of the drug for a period of time.
