Teva focus of FTC investigation over inhaler patents

The FTC has begun an investigation of Teva Pharmaceutical (NYSE:TEVA) over its apparent refusal to withdraw patents related to its asthma and COPD inhalers that the agency argues is delaying generic competition.

The agency has issued a civil investigative demand seeking internal communications and other information related to these patents that are listed in the FDA’s Orange Book, according to The Washington Post.

In June. Sen. Elizabeth Warren (D-Mass.) and Rep. Pramila Jayapal (D-Wash.) sent letters to multiple drugmakers, including Teva, asking them to remove “sham patent listings.” These letters followed a similar request from the FTC on April 30.

“Our decision to maintain our patent listing comes following serious and thoughtful consideration of the FTC’s contentions and our concern for Teva’s strict compliance with law,” Brian Savage, Teva’s general counsel for global litigation, wrote in a letter to the lawmakers reviewed by the Post. “At no time did Teva use these patent listings to raise prices or stifle competition by preventing cheaper generic drugs from entering the market.”

In June, a New Jersey federal judge ruled that five patents covering Teva’s ProAir HFA asthma inhaler are “improperly listed” in the Orange Book, handing a victory to Amneal Pharmaceuticals (AMRX) which wants to market a generic version.