Elan, Andrx Antitrust Battle Over Naproxen Deal Heads Back To District Court

Law360, New York (September 6, 2005, 12:00 AM EDT) -- A federal appeals court has reinstated part of an antitrust challenge to a deal between Irish drug maker Elan and Skyepharma over a generic version of the non-steroidal anti-inflammatory drug Naprelan (naproxen sodium).

The U.S. Court of Appeals for the 11th Circuit agreed with a Florida district court that the Noerr-Pennington doctrine immunized Elan from an antitrust suit based on generic maker Andrx’s allegations that Elan filed a sham lawsuit to protect its monopoly on the market for a controlled release naproxen medication.

However, the court...
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