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Neil Averitt commentary: AbbVie teaches remedies should focus on individual wrongdoers

In its recent challenge to bad-faith litigation by the AbbVie pharmaceutical corporation, the Federal Trade Commission set out an important and welcome marker on the merits, but it missed an opportunity to rethink the most effective remedies for serious corporate wrongdoing.

The case was FTC v. AbbVie, filed in the Eastern District of Pennsylvania and decided on June 29. In it the FTC challenged a common tactic for abusing the procedures of the Food and Drug Administration.

If a pharmaceutical company has a patented product, new...

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