United States Federal Circuit

Summary judgment in favor of plaintiffs holding that they did not violate the antitrust laws by filing suit against defendant or by filing a "citizen petition" with the Food and Drug Administration (FDA) seeking to bar defendant from obtaining FDA permission to market its generic version of one of plaintiffs' drugs is: 1) vacated in part, where the district court should determine whether plaintiffs' factual theory of infringement is objectively baseless; 2) affirmed in part, where defendant has not met its burden to establish that plaintiffs' validity arguments were objectively baseless; and 3) vacated in part and remanded, where the district court erred in granting summary judgment against defendant on the citizen petition issue.

Appellate Information

• Decided 08/06/2014
• Published 08/06/2014

Judges

• BRYSON

Court

• United States Federal Circuit

Counsel