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ETHYPHARM S.A. FRANCE v. ABBOTT LABORATORIES

No. 11-3602.

707 F.3d 223 (2013)

ETHYPHARM S.A. FRANCE, Appellant, v. ABBOTT LABORATORIES.

United States Court of Appeals, Third Circuit.

Filed: January 23, 2013.

Attorney(s) appearing for the Case

Carlos T. Angulo, Esq. , Dwight P. Bostwick, Esq. [Argued], Zuckerman Spaeder, Washington, DC, Austen C. Endersby, Esq. , Gregory B. Williams, Esq. , Fox Rothschild, Wilmington, DE, for Appellant.

Sean M. Brennecke, Esq. , Klehr Harrison Harvey Branzburg, David J. Margules, Esq. , Bouchard, Margules & Friedlander, Wilmington, DE, William F. Cavanaugh, Jr., Esq. [Argued], Chad J. Peterman, Esq. , Thomas W. Pippert, Esq. , Edward R. Tempesta, Esq. , Timothy Waters, Esq. , Patterson, Belknap, Webb & Tyler, New York, NY, Stuart N. Senator, Esq. , Jeffrey I. Weinberger, Esq. , Munger, Tolles & Olson, Los Angeles, CA, for Appellee.

Before: McKEE, Chief Judge, JORDAN, and VANASKIE, Circuit Judges.

OPINION OF THE COURT

JORDAN, Circuit Judge.

Ethypharm S.A. France ("Ethypharm") appeals the judgment of the United States District Court for the District of Delaware granting Abbott Laboratories ("Abbott") summary judgment on Ethypharm's antitrust and state law claims. Although the District Court ruled in Abbott's favor, it had earlier denied Abbott's motion to dismiss, a motion premised on the assertion that Ethypharm lacked standing to bring antitrust...

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