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ANDRX PHARMACEUTICALS, INC. v. ELAN CORP., PLC

No. 03-13605.

421 F.3d 1227 (2005)

ANDRX PHARMACEUTICALS, INC., Plaintiff-Appellant, v. ELAN CORPORATION, PLC, Defendant-Appellee, SkyePharma, Inc., Defendant.

United States Court of Appeals, Eleventh Circuit.

August 29, 2005.

Attorney(s) appearing for the Case

Gerald J. Houlihan, Houlihan & Partners, P.A., Miami, FL, for Plaintiff-Appellant.

Michael J. Flibbert, Paul W. Browning, James B. Monroe, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., Washington, DC, for Defendant-Appellee.

Before BIRCH and WILSON, Circuit Judges, and DOWD, District Judge.

BIRCH, Circuit Judge:

In this appeal, we address whether the district court properly granted a patentholder's motion for judgment on the pleadings in a competitor's antitrust suit. The district court granted the motion because it found that the Noerr-Pennington doctrine immunized Defendant-appellee Elan Corporation, PLC ("Elan") from the maintenance of an antitrust suit based on the allegations of Plaintiff-appellant...

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