(138) The agreement provided that Andrx would refrain from marketing a generic version of Cardizem CD
in the United States until the earliest of: "(1) Andrx obtaining a favorable, final and nonappealable determination in the patent infringement case; (2) HMR and Andrx entering into a license agreement; or (3) HMR entering into a license agreement with a third party." (139) When the thirty-month waiting period expired in July of 1998, the FDA issued its final approval of Andrx's ANDA.
Among diltiazem products, only one of five strengths of Cardizem CD
capsules (LVTA Pharmaceuticals Inc.
would not market its generic version of Cardizem CD
until either (1)
is widely prescribed for treatment of chronic chest pains, high blood pressure and prevention of heart attacks and strokes.
The delay in the availability of the generic form of Cardizem CD
meant that consumers, medical insurance companies and the government were forced to purchase the higher priced brand name version of the drug for at least an extra year.
The plaintiffs in Cardizem CD
and Hytrin argued that the interim agreements should be deemed per se unlawful as a market allocation scheme and the respective district courts agreed.
During the year, we successfully launched our generic versions of Cardizem CD
and Verelan and we received tentative approval for our generic version of Adalat CC.
The 6th Circuit held in a 2003 decision, In re Cardizem CD
Antitrust Litigation, that these settlements were per se violations of antitrust law.
is a once daily medication for the treatment of high blood pressure and !
DRUG DOSAGE COST/DAY diltiazem hydrochloride 180-480 mg once $1.23 (180 mg) [**] (Cardizem CD
, Dilacor-XR, daily Diltia XT, Tiazac) verapamil hydrocholoride 120-240 mg once or $1.07 (180 mg) [*] twice daily DRUG COMMENT [+] diltiazem hydrochloride Causes constipation but less so than with (Cardizem CD
, Dilacor-XR, verapamil.
The retail pharmacy operators had filed a lawsuit against both firms after the drug makers reached an exclusive agreement in which Andrx postponed production of a generic alternative to Aventis' Cardizem CD
. A federal court of appeals in Cincinnati sided with the pharmacy chains, ruling that the arrangement violated federal antitrust laws (Sherman Act).
(Collegeville, PA) and its successor, Aventis, from producing or selling Cardizem CD
in the United States.