Consumer Orgs Ask 1st Circ. To Ax Momenta Antitrust Shield

Law360, Fort Wayne (January 11, 2017, 3:59 PM EST) -- Public interest groups urged the First Circuit on Tuesday to overturn a lower court's ruling that the Noerr-Pennington doctrine protects drugmaker Momenta from claims that it plotted with Sandoz to keep rival Amphastar from selling a generic version of the anticoagulant Lovenox, saying the court interpreted the doctrine too broadly.

The district court inappropriately expanded the application of Noerr-Pennington when it held in July that Momenta Pharmaceuticals Inc. was immune from the antitrust action by Amphastar Pharmaceuticals Inc., the amicus brief by Consumer Action, the National...
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