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Courts split on whether to dismiss sham litigation antitrust claims
  • Hogan Lovells
  • USA
  • July 16 2010

Two federal district courts have recently ruled on the sufficiency of claims brought by parties alleging that brand name drug manufacturers brought "sham" patent infringement litigation against them in violation of antitrust laws, in order to forestall generic entry.

Richard L Spinogatti
  • Proskauer Rose LLP

Robert A. Fumerton
  • Skadden Arps Slate Meagher & Flom LLP