A US federal agency has filed an amicus brief with the US Court of Appeals for the First Circuit urging the court to reverse the district court’s dismissal of the complaint relating to the anticoagulant Lovenox (enoxaparin).
The Federal Trade Commission amicus brief on Amphastar Pharmaceuticals Inc v Momenta Pharmaceuticals Inc (Nasdaq: MNTA)explains that the district court’s basis for dismissing the complaint, the Noerr–Pennington doctrine, was erroneously applied. Under that doctrine, private entities are exempt from liability under the antitrust laws for attempts to influence the passage or enforcement of laws, even if the laws they advocate for would have anticompetitive effects. The brief argues that the district court did not identify any direct petitioning of a government entity, and that even if defendants’ conduct were viewed as indirect petitioning, the district court should have considered whether the plaintiffs’ allegations of deception vitiate Noerr protection. The brief also argues that there is no merit to the defendants’ claim that Noerr protects their conduct because the plaintiffs’ injuries resulted from a subsequent patent infringement suit.
The defendants in this case allegedly deceived the private standard setting organization US Pharmacopeial Convention, or USP, into adopting a pharmaceutical testing standard without revealing that they held patent rights covering the standard, which is known as the 207 Method. The defendants then sued the plaintiffs, a rival manufacturer, for patent infringement.
This article is accessible to registered users, to continue reading please register for free. A free trial will give you access to exclusive features, interviews, round-ups and commentary from the sharpest minds in the pharmaceutical and biotechnology space for a week. If you are already a registered user please login. If your trial has come to an end, you can subscribe here.
Login to your accountTry before you buy
7 day trial access
Become a subscriber
Or £77 per month
The Pharma Letter is an extremely useful and valuable Life Sciences service that brings together a daily update on performance people and products. It’s part of the key information for keeping me informed
Chairman, Sanofi Aventis UK
Copyright © The Pharma Letter 2024 | Headless Content Management with Blaze