KAISER FOUNDATION HEALTH PLAN v. ABBOTT LABS.

Nos. 06-55687, 06-55748.

552 F.3d 1033 (2009)

KAISER FOUNDATION HEALTH PLAN, INC., Plaintiff-Appellant, v. ABBOTT LABORATORIES, INC.; Geneva Pharmaceuticals Technology Corporation, Defendants-Appellees. Kaiser Foundation Health Plan, Inc., Plaintiff-Appellee, v. Abbott Laboratories, Inc.; Geneva Pharmaceuticals Technology Corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed January 13, 2009.


Attorney(s) appearing for the Case

David C. Frederick, Kellogg Huber Hansen Todd & Evans, WA, D.C., W. Scott Simmer, Hardy Vieux, Robins, Kaplan, Miller & Ciresi, Minneapolis, MN, for the appellant.

Paul Olszowka, Wildman, Harrold, Allen & Dixon, Chicago, IL, Rohit K. Singla, Munger Tolles & Olson, San Francisco, CA, Stuart Neil Senator, Jeffrey I. Weinberger, Munger Tolles & Olson, Los Angeles, CA, Bryan Alexander Merryman, White & Case, Los Angeles, CA Robert A. Milne, White & Case, New York, NY, for the appellees.

Before: ALEX KOZINSKI, Chief Judge, DIARMUID F. O'SCANNLAIN, and W. FLETCHER, Circuit Judges.


WILLIAM A. FLETCHER, Circuit Judge:

Plaintiff-Appellant Kaiser Foundation Health Plan, Inc. ("Kaiser") sued Defendants-Appellees Abbott Laboratories, Inc. ("Abbott") and Geneva Pharmaceuticals ("Geneva") for violations of the Sherman Antitrust Act and analogous provisions of California law. Kaiser brought a claim under Section One of the Sherman Act against both Abbott and Geneva, and a claim under Section Two against only...

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