Murky FDA Device Guidance Kills Sanofi Antitrust Suit
Law360, New York (January 11, 2018, 3:37 PM EST) -- Sanofi reasonably filed a patent for its insulin injector in the FDA's Orange Book, since the agency wasn't clear about whether it should, and rationally defended that patent against possible infringement, a Massachusetts federal magistrate judge said Wednesday when dismissing an antitrust suit over the conduct.
A proposed class of direct purchasers had claimed Sanofi-Aventis US LLC knew the patents didn't belong in the U.S. Food and Drug Administration database and that the company then brought sham infringement litigation against Eli Lilly & Co. But U.S. Magistrate Judge Judith G. Dein said Sanofi acted under its best understanding of the law,...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!