United States DC Circuit

In consolidated antitrust actions alleging that a drug manufacturer misused its patent to keep a generic equivalent to one of its drugs off the market, summary judgment for defendant is affirmed where: 1) plaintiffs did not produce evidence sufficient to show that, but for the conduct of defendants, the would-be manufacturer of the generic equivalent was prepared to sell the equivalent and could have obtained FDA approval to do so; and 2) plaintiffs' amended complaint did not relate back and did not make out a timely cause of action under antitrust laws.

Appellate Information

• Decided 07/25/2008
• Published 07/25/2008

Judges

• Before:  GINSBURG, ROGERS, and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Bruce E. Gerstein argued the cause for appellants.   With him on the briefs were Kevin S. Landau, Anne Fornecker, Richard J. Kilsheimer, Robert F. Muse, David Fierst, David Wallace Stanley, Erin Cathleen Burns, Joseph M. Vanek, and Jeffrey J. Corrigan.  Scott L. Adkins entered an appearance.


• For Appellees:
  
• Steven Edward Obus argued the cause for appellees.   With him on the brief were Ronald S. Rauchberg, Stefanie S. Kraus, Peter J. Venaglia, and Andrew Kanter.  Mark J. Biros entered an appearance.