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"Citizen Petition" to FDA raised genuine issues on sham exception to Noerr-Penington doctrine
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • January 8 2009

On October 14, 2008, a federal district court in New York denied defendant pharmaceutical companies' motion for summary judgment after finding genuine issues of fact existed as to whether 1) the sham exception to antitrust immunity under the Noerr-Penington doctrine applied to defendants' filing of a Citizen Petition to the FDA to block the approval of generic drug manufacturers' applications; and 2) defendants' Petition in fact delayed the generic manufacturers' applications.

Brian J. Malkin
  • McGuireWoods LLP