1st Circ. Revives Sanofi Insulin Injector Antitrust Case

Law360 (February 14, 2020, 7:20 PM EST) -- The First Circuit has revived a proposed class action against Sanofi-Aventis, saying the pharmaceutical company must prove it acted in good faith when it wrongly placed a patent for an insulin injector on an FDA list if it hopes to evade antitrust liability.

It was a mistake for Sanofi to submit an insulin injector patent to the U.S. Food and Drug Administration's "Orange Book" database, and the drugmaker could face antitrust liability for keeping other companies from developing similar insulin injectors, the three-judge panel said in the opinion published Thursday.

"The fact that the law in this area is complicated does not...

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