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NJ Pharma Co. Can't Revive Antitrust Suit Over Cough Syrup

Law360, Newark (August 29, 2016, 5:59 PM EDT) -- A New Jersey state appeals court on Monday said a lower court properly tossed Tris Pharma Inc.'s antitrust claims against UCB Manufacturing Inc., rejecting the company's assertion that UCB brought "sham litigation" against Tris Pharma over its alleged use of trade secrets provided by a former UCB employee in developing cough medicine.

The three-judge appellate panel upheld a 2014 ruling dismissing Tris Pharma's lawsuit, saying the previously dismissed litigation was immune from antitrust claims under the Noerr-Pennington doctrine, because it was not “objectively baseless” for UCB to...
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