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SIDNEY HILLMAN HEALTH CENTER v. ABBOTT LABS

No. 17-1483.

873 F.3d 574 (2017)

SIDNEY HILLMAN HEALTH CENTER OF ROCHESTER and Teamsters Health Services and Insurance Plan Local 404, Plaintiffs-Appellants, v. ABBOTT LABORATORIES and AbbVie Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 12, 2017.

Attorney(s) appearing for the Case

Adam J. Levitt , Attorney, Grant & Eisenhofer P.A., Chicago, IL, James J. Sabella , Attorney, Grant & Eisenhofer P.A., New York, NY, for Plaintiffs-Appellants.

William F. Cavanaugh, Jr. , Jonah Knobler , Attorneys, Patterson, Belknap, Webb & Tyler LLP, New York, NY, for Defendants-Appellees.

Richard Abbott Samp , Attorney, Washington Legal Foundation, Washington, DC, for Amicus Curiae Washington Legal Foundation.

Robert Neil Weiner , Attorney, Arnold & Porter Kaye Scholer LLP, Washington, DC, for Amici Curiae Chamber of Commerce of the United States of America, National Association of Manufacturers, Pharmaceutical Research and Manufacturers of America.

Before Easterbrook, Kanne, and Williams, Circuit Judges.

The Food and Drug Administration has approved the use of Depakote (divalproex sodium) to treat seizures, migraine headaches, and some conditions associated with bipolar disorder. Physicians are free to prescribe it to treat other conditions, called off-label uses, but a drug's manufacturer can promote it only as suitable...

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