Solvay alleged that KV Pharmaceuticals' subsidiary Ethex's promotion of its Pangestyme CN 10 and Pangestyme CN 20 pancreatic enzyme products and references to Solvay's Creon 10 and Creon 20 products resulted in false advertising and constituted unfair and deceptive trade practices.
During the trial, Solvay sought what would have been significant compensatory damages. KV Pharma said it will vigorously oppose any attempt to overturn the verdict.
“This verdict is a clear victory over a classic ploy by a branded pharmaceutical company to discourage competition by attacking a quality generic product. We are gratified that the jury saw through Solvay's efforts to raise doubts about our products and efforts to thwart competition.
“The Pangestyme product lines' market share performance as compared to their branded alternatives speaks volumes about doctors' and patients' regard for the value we deliver,” stated Ethex's chief executive officer, Patricia McCullough.