Drug Cos. Say Noerr Doctrine Bars FTC's Pay-For-Delay Suit

Law360, New York (January 17, 2014, 4:15 PM EST) -- Par Pharmaceutical Cos. Inc. and Paddock Laboratories Inc. once again moved to dismiss the Federal Trade Commission's pay-for-delay case against them Wednesday, arguing they were protected from the government's antitrust claims because a federal court had approved the underlying patent settlement.

The two generic drugmakers, joined by fellow defendant AbbVie Products LLC, argued that the case against them should be dismissed under the Noerr-Pennington doctrine, which generally protects private actors from antitrust liability if they're working to influence government actions regardless of whether they had anti-competitive...
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