In re: Lipitor Antitrust Litig.
In re: Lipitor Antitrust Litig., 14-4202
In consolidated appeals involve allegations that defendant companies holding the patents for Lipitor and Effexor XR delayed entry into the market of generic versions of those drugs by engaging in an overarching monopolistic scheme that involved fraudulently procuring and enforcing the underlying patents and then entering into a reverse-payment settlement agreement with a generic manufacturer, two of the district court’s jurisdictional conclusions are affirmed where: 1) plaintiffs’ allegations of fraudulent procurement and enforcement of the patents do not require the transfer these appeals to the Court of Appeals for the Federal Circuit, where patent law neither creates plaintiffs’ cause of action nor is a necessary element to any of plaintiffs’ well-pleaded claims; and 2) remanded as to RP Healthcare, Inc. v. Pfizer, Inc. appeal where it is unclear whether the District Court had jurisdiction at the time judgment was entered.
- Published 2017/04/13
- United States Third Circuit