In a case concerning competition between would-be entrants to a generic drug market and competition between generic pharmaceutical firms and a patentee, the Eleventh Circuit held that a patentee’s infringement action is immune from antitrust challenge, but the same patentee’s
Eleventh Circuit Remands Sherman Act § § 1 And 2 Challenges To Anticompetitive Patent License Agreement, Notwithstanding Noerr-Pennington Immunity To Infringement Action
In a case concerning competition between would-be entrants to a generic drug market and competition between generic pharmaceutical firms and a patentee, the Eleventh Circuit held that a patentee’s infringement action is immune from antitrust challenge, but the same patentee’s…