IN RE: WELLBUTRIN XL ANTITRUST LITIGATION INDIRECT PURCHASER CLASS, Appellants in 15-2875.
Aetna Health of California Inc.; IBEW-NECA Local 505 Health and Welfare Plan; Bricklayers and Masons Union Local Union No. 5 Ohio Health and Welfare Fund; Mechanical Contractors-United Association Local 119 Health and Welfare Plan; Painters District Council No. 30 Health and Welfare Fund; Plumbers and Pipefitters Local 572 Health and Welfare Fund; Aetna, Inc., Appellants in 15-3559.
Professional Drug Company, Inc., individually and on behalf of the Direct Purchaser Class, Appellant in 15-3591.
SmithKline Beecham Corporation d/b/a GlaxoSmithKline and GlaxoSmithKline plc, Appellants in 15-3681/3682.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Sarah K. Frederick , Goodwin Procter LLP, Exchange Place, 53 State Street, Boston, MA 02109, Counsel for Amicus, Generic Pharmaceutical Association.
David W. Ogden , Wilmer Cutler Pickering Hale and Dorr LLP, 1875 Pennsylvania Avenue, NW, Washington, DC 20006, Mark A. Ford , Peter A. Spaeth , Daniel C. Wewers , Wilmer Cutler Pickering Hale and Dorr LLP, 60 State Street, Boston, MA 02109, Counsel for Amicus, Pharmaceutical Research and Manufacturers of America.
Daniel G. Brown , Latham & Watkins, 885 Third Avenue — Ste. 1000, New York, NY 10022, Counsel for Par Pharmaceutical Inc., and its predecessor in interest Anchen Pharmaceuticals.
Before: JORDAN, VANASKIE, and NYGAARD, Circuit Judges.
OPINION OF THE COURT
JORDAN, Circuit Judge.
Table of Contents
I. Background....143
A. The Hatch-Waxman Act....143
B. Factual and Procedural Background....145
II. Discussion....147
A. Sham Litigation....147
1. Applicable Law....147
2. The Anchen Lawsuit....149
3. The Abrika...
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