Momenta Must Face Clot Drug Antitrust Row, 1st Circ. Told
Law360, New York (November 1, 2016, 3:23 PM EDT) -- Misconduct by Momenta before a standard-setting organization that unknowingly led the group to create a standard for a blood-clot drug that requires the use of a company patent should not allow the generics maker to subsequently receive immunity from antitrust claims, generic rival Amphastar told the First Circuit on Monday.
The District of Massachusetts erred by holding in July that the so-called Noerr-Pennington doctrine allowed Momenta Pharmaceuticals Inc. and co-defendant Sandoz Inc. to escape the antitrust claims brought by Amphastar Pharmaceuticals Inc., which alleged that Momenta violated the Sherman Act by allegedly suppressing competition of sales of a generic blood clot...
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