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TYCO HEALTHCARE GROUP LP v. MUTUAL PHARMACEUTICAL

No. 2013-1386.

762 F.3d 1338 (2014)

TYCO HEALTHCARE GROUP LP and Mallinckrodt Inc., Plaintiffs-Appellees, v. MUTUAL PHARMACEUTICAL COMPANY, INC. and United Research Laboratories, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

August 6, 2014.

Attorney(s) appearing for the Case

Peter E. Strand , Shook, Hardy & Bacon, L.L.P., of Washington, DC, argued for plaintiffs-appellees. With him on the brief were John D. Garretson and Rebecca J. Schwartz , of Kansas City, MO.

Steffen N. Johnson , Winston & Strawn LLP, of Washington, DC, argued for defendants-appellants. With him on the brief were Charles B. Klein , John K. Hsu , and Eimeric Reig-Plessis, of Washington, DC, and James F. Hurst , of Chicago, IL.

Dissenting opinion filed by Circuit Judge NEWMAN.

BRYSON, Circuit Judge.

Mutual Pharmaceutical Company, Inc., and United Research Laboratories, Inc., (collectively, "Mutual") appeal from a summary judgment entered by the United States District Court for the District of New Jersey in favor of Tyco Healthcare Group LP and Mallinckrodt, Inc., (collectively, "Tyco"). In the order on appeal, the district court held that Tyco did not violate the antitrust laws by filing suit against Mutual or by filing a "citizen petition...

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