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F.T.C. v. BOEHRINGER INGELHEIM PHARMACEUTICALS

No. 12-5393.

778 F.3d 142 (2015)

FEDERAL TRADE COMMISSION, Appellant v. BOEHRINGER INGELHEIM PHARMACEUTICALS, INC., Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided February 20, 2015.

Attorney(s) appearing for the Case

Mark S. Hegedus , Attorney, Federal Trade Commission, argued the cause for appellant. With him on the briefs were Jonathan E. Nuechterlein , General Counsel, David C. Shonka , Principal Deputy General Counsel, John F. Daly , Deputy General Counsel for Litigation, and Leslie Rice Melman , Assistant General Counsel for Litigation. David L. Sieradzki , Attorney, entered an appearance.

Lawrence D. Rosenberg argued the cause for appellee. With him on the brief was Michael Sennett.

Opinion for the Court filed by Circuit Judge WILKINS.

In 2009, the Federal Trade Commission initiated an antitrust investigation into a patent settlement agreement between Boehringer Ingelheim Pharmaceuticals, Inc. ("Boehringer"), a brand-name pharmaceutical company, and Barr Industries ("Barr"), a generic drug manufacturer. As part of its investigation, the FTC issued an administrative...

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