California Court of Appeal

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Asahi Kasei Pharma Corp. v. CoTherix, Inc., A129146

In a case in which a Japanese drug maker sued its American licensee, alleging a conspiracy between the licensee and the company that acquired it to prevent the development of the licensed drug in violation of the Cartwright Act, summary judgment in favor of the licensee is affirmed, where the conduct alleged did not, as a matter of law, establish a violation of the Cartwright Act, since the plaintiff failed to produce evidence of any premerger meeting of the minds specifically to restrain trade in the drug.

Appellate Information

  • Decided 03/05/2012
  • Published 03/05/2012

Judges

  • Bruiniers

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Morgan, Lewis & Bockius, Cotchett, Pitre & McCarthy