1st Circ. To Size Up Antitrust Shield In Enoxaparin Row

Law360, Fort Wayne (February 8, 2017, 3:42 PM EST) -- The First Circuit on Thursday will consider whether a lower court correctly held that drugmaker Momenta was immune from a suit from rival Amphastar over a generic anticoagulant in a case that could redefine the limits of a decades-old doctrine shielding free speech from antitrust claims.

Amphastar Pharmaceuticals Inc. has asked the appeals court to overturn a Massachusetts federal judge’s determination that the Noerr-Pennington doctrine protected Momenta Pharmaceuticals Inc. and Sandoz Inc. from allegations that they conspired to keep Amphastar from selling enoxaparin.

The lower court...
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