Wholesalers Ask 2nd Circ. To Toss Shire Pay-For-Delay Win

Law360, New York (March 17, 2014, 3:13 PM EDT) -- Attorneys for drug wholesalers claiming Shire LLC smothered generic competition for attention-deficit-hyperactivity drug Adderall XR told a Second Circuit panel Monday that a district court wrongly concluded that Shire's alleged breaches of patent licensing agreements aren't actionable under federal antitrust law.

The wholesalers’ attorney Joseph Opper of Garwin Gerstein & Fisher LLP asked a three-judge panel in Manhattan to expand its legal precedent surrounding Section 2 of the Sherman Act to allow nonparties to a pay-for-delay deal between brand and generic drug manufacturers to obtain antitrust damages...
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