United States Second Circuit

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Apotex Inc., et al., v. Acorda Therapeutics, Inc., 14-4353

In a suit between rival manufacturers of tizanidine, a drug for treating spasticity, dealing with the circumstances under which the filing of a citizen petition with the Food and Drug Administration provides grounds for an antitrust claim, and the scope of false advertising liability under the Lanham Act, the district court's grant of defendant's motion to dismiss plaintiff's Sherman Act claim and grant of summary judgment in favor of defendant on the Lanham Act claim, are affirmed where each of the conclusions were sound.

Appellate Information

  • Decided
  • Published 2016/05/16




  • United States Second Circuit