United States Seventh Circuit

Dismissal of an antitrust suit against the holder of an HIV combination drug therapy patent for failure to state a claim under the Sherman Act is affirmed where patent-holder had not engaged in any practices forbidden by the act and state court decisions did not create issue preclusion.

Appellate Information

• Argued 05/01/2006
• Decided 07/26/2006
• Published 07/26/2006

Judges

• EASTERBROOK, Circuit Judge., Before EASTERBROOK, MANION, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Ben Barnow, Barnow & Associates, Chicago, IL, David J. Maher (argued), Harke & Clasby, Miami, FL, for Plaintiff-Appellant.


• For Appellees:
  
• James F. Hurst (argued), Winston & Strawn, Chicago, IL, for Defendant-Appellee.