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Judge Axes Some Sham Litigation Claims Over TriCor

Law360 (September 26, 2008, 12:00 AM EDT) -- Plaintiffs in an antitrust case against Abbott Laboratories and Fournier Industrie et Sante over the cholesterol drug TriCor can't claim the defendants deceived the patent office, but they can claim the companies filed baseless patent litigation to keep out generic competition, a judge has ruled.

In a ruling issued Wednesday, Judge Sue L. Robinson of the U.S. District Court for the District of Delaware denied summary judgment to Abbott and Fournier on some of the plaintiffs' sham litigation, but not others.

In her ruling, Judge Robinson...
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