FEDERAL TRADE COMMISSION, Appellant
v.
ABBVIE INC.; Abbott Laboratories; Unimed Pharmaceuticals, LLC; Besins Healthcare, Inc.; *Teva Pharmaceuticals USA, Inc. (*Dismissed Pursuant to Court's 3/12/19 Order.)
Federal Trade Commission
v.
Abbvie Inc.; Abbott Laboratories; Unimed Pharmaceuticals, LLC; Besins Healthcare, Inc.; *Teva Pharmaceuticals USA, Inc.
Abbvie Inc.; Abbott Laboratories; Unimed Pharmaceuticals, LLC, Appellants (*Dismissed Pursuant to Court's 3/12/19 Order.)
Federal Trade Commission
v.
Abbvie Inc.; Abbott Laboratories; Unimed Pharmaceuticals, LLC; Besins Healthcare, Inc.; *Teva Pharmaceuticals USA, Inc.
Besins Healthcare, Inc., Appellant (*Dismissed Pursuant to Court's 3/12/19 Order.)
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued on January 15, 2020.
Filed: September 30, 2020.
Attorney(s) appearing for the Case
Mark S. Hegedus , Federal Trade Commission, MS-582, 600 Pennsylvania Avenue, N.W., Washington, DC 20580, Matthew M. Hoffman [Argued], Joel R. Marcus , Federal Trade Commission, 600 Pennsylvania Avenue, N.W., Washington, DC 20580, Attorneys for Federal Trade Commission.
William A. Rivera , AARP Foundation Litigation, B4-230, 601 E Street, N.W., Washington, DC 20049, Attorney for Amici AARP and AARP Foundation.
Ilana H. Eisenstein , DLA Piper, 1650 Market Street, One Liberty Place, Suite 5000, Philadelphia, PA 19103, Attorney for Amicus Chamber of Commerce of the United States of America.
Bradford J. Badke , Sidley Austin, 787 Seventh Avenue, New York, NY 10019, Attorney for Amicus Amgen Inc.
Andrew D. Lazerow , Covington & Burling, 850 10th Street, N.W., One City Center, Washington, DC 20001, Attorney for Amicus Pharmaceutical Research and Manufacturers of America.
Richard M. Brunell , Hilliard & Shadowen, 1135 West 6th Street, Suite 125, Austin, TX 78703, Attorney for Amici American Antitrust Institute, Public Citizen Inc, and Public Knowledge.
Before: HARDIMAN, PORTER and PHIPPS, Circuit Judges.
OPINION OF THE COURT
HARDIMAN, Circuit Judge.
TABLE OF CONTENTS
I. FACTUAL BACKGROUND...338
A. FDA Approval under the Hatch-Waxman Act...338
B. Patent disputes under the Hatch-Waxman Act...339
C. Therapeutic equivalence ratings...340
D. Hypogonadism and testosterone replacement therapies...340...
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