Appeals Court Reinstates Antitrust Suit Over Taxol Generics

Law360, New York (June 27, 2004, 12:00 AM EDT) -- A U.S. appeals court has paved the way for Xechem International to seek treble damages in an antitrust suit against drug maker Bristol-Myers Squibb over its alleged efforts to thwart generic competition for the cancer drug Taxol.

The U.S. Court of Appeals for the Seventh Circuit reversed an earlier opinion by the U.S. District Court for the Northern District of Illinois, ruling that the basis for dismissal was improper. The court didn’t rule on the merits of the case, but reinstated and remanded it to the...
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