United States First Circuit

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United Food and Commercial Workers Unions v. Novartis Pharmaceutical Corp., 17-1714

Affirmed the dismissal of two putative antitrust class actions alleging that a pharmaceutical company took steps to block the entry of generic versions of its leukemia-treatment drug into the U.S. market. The plaintiffs, including several labor union benefit funds, claimed that the drugmaker engaged in anticompetitive conduct by bringing sham infringement lawsuits against manufacturers trying to enter the market with generic versions of that drug. Dismissing the complaints, the district court held that the plaintiffs had not plausibly alleged their claims, and the First Circuit affirmed.

Appellate Information

  • Decided
  • Published 2018/08/21


  • Barron


  • United States First Circuit


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