Case Details

Year Initiated/Committed


Year Resolved


Settlement Amount



U.S. District Court for the District of Minnesota

Docket Number

08 cv 6381

Lead State


Participating States



Ovation Pharmaceuticals, Inc.

Case Description

Minnesota and the FTC filed companion cases in federal court, alleging that Ovation monopolized the market for drugs to treat PDA, a heart ailment in newborns. The complaint alleged that Ovation acquired the rights to the only two drugs used to treat PDA. Patents were expiring on the first drug, Indocin, when Ovation purchased the second drug approved for treatment of PDA. Upon making this purchase, Ovation raised the price of both drugs from $36 per vial to $500 per vial. The purchase of the rights to Indocin was below the HSR reporting threshhold. The state seeks divestiture, disgorgement, restitution, civil penalites and other injunctive relief