7th Circ. Won't Revive Antrim Generic-Drug Supply Suit

Law360 (February 14, 2020, 10:20 PM EST) -- The Seventh Circuit on Friday rejected a startup's attempt to revive claims that a Pennsylvania pharmaceutical company reneged on a drug supply agreement and withheld its supply to manipulate profits, finding that the district court made no irreversible error.

In a unanimous, published decision, the panel affirmed a jury verdict that ended generic-drug supply claims brought by Illinois-based Antrim Pharmaceuticals LLC against rival Bio-Pharm Inc., saying the district court ruled correctly on various evidentiary and procedural questions.

Antrim had argued that the court should never have allowed Bio-Pharm's counterclaim for lost profits — counterclaims on which Antrim ultimately prevailed — to go...

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