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AMPHASTAR PHARM. v. MOMENTA PHARM.

No. 16-2113.

850 F.3d 52 (2017)

AMPHASTAR PHARMACEUTICALS INC.; International Medication Systems Ltd., Plaintiffs, Appellants, v. MOMENTA PHARMACEUTICALS, INC.; Sandoz Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

March 6, 2017.

Attorney(s) appearing for the Case

Chul Pak , with whom Jonathan M. Jacobson , Jeffrey C. Bank , Daniel P. Weick , New York, NY, Seth C. Silber , Elyse Dorsey , Washington, DC, Wilson Sonsini Goodrich & Rosati, P.C., Alan D. Rose, Sr. , Meredith W. Doty , Michael L. Chinitz , and Rose Chinitz & Rose, Boston, MA, were on brief, for appellants.

Robert S. Frank, Jr. , with whom Robert M. Buchanan, Jr. , Sophie F. Wang , Greta A. Fails , Choate Hall & Stewart LLP, Boston, MA, Michael P. Kenny , Teresa T. Bonder , Matthew D. Kent , D. Andrew Hatchett , and Alston & Bird LLP, Atlanta, GA, were on brief, for appellees.

Deborah L. Feinstein , Director, Bureau of Competition, Bradley S. Albert , Deputy Assistant Director, Bureau of Competition, Heather M. Johnson , Attorney, Bureau of Competition, Rajesh James , Attorney, Bureau of Competition, June Im , Attorney, Bureau of Competition, David C. Shonka , Acting General Counsel, Federal Trade Commission, Joel Marcus , Deputy General Counsel, Federal Trade Commission, and Imad D. Abyad , Attorney, Federal Trade Commission, on brief for amicus curiae Federal Trade Commission.

David A. Balto , Bradley A. Wasser , Matthew C. Lane , and Law Offices of David A. Balto, Washington, DC, on brief for amici curiae Consumer Action, National Health Law Program, and United States Public Interest Research Group.

Before Howard, Chief Judge, Lynch and Lipez, Circuit Judges.

Plaintiff-Appellant Amphastar Pharmaceuticals Inc. and its wholly owned subsidiary International Medication Systems Ltd. (collectively, "Amphastar") appeal from the district court's dismissal of their complaint alleging antitrust violations by Defendant-Appellees Sandoz Inc. ("Sandoz...

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