No. 18-1065.

907 F.3d 42 (2018)

IN RE: ASACOL ANTITRUST LITIGATION. United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund, on behalf of itself and all others similarly situated; Mark Adorney, Plaintiffs, Teamsters Union 25 Health Services & Insurance Plan, on behalf of themselves and all others similarly situated; NECA-IBEW Welfare Trust Fund, on behalf of themselves and all others similarly situated; Wisconsin Masons' Health Care Fund, on behalf of itself and all others similarly situated; Minnesota Laborers Health and Welfare Fund, on behalf of itself and all others similarly situated; AFSCME Health and Welfare Fund; Pennsylvania Employees Benefit Trust Fund; Ahold U.S.A., Inc.; Rochester Drug Co-Operative, Inc.; Value Drug Company; Meijer, Inc.; Meijer Distribution, Inc., Plaintiffs, Appellees, v. Warner Chilcott Limited; Allergan, Inc., f/k/a Actavis, PLC; Allergan USA, Inc.; Allergan Sales, LLC; Allergan, PLC, Formerly known as Actavis, PLC, Defendants, Appellants, Zydus Pharmaceuticals USA Inc.; Cadila Healthcare Limited; Warner Chilcott (US), LLC; Warner Chilcott Sales (US), LLC; Warner Chilcott Company, LLC, Defendants.

United States Court of Appeals, First Circuit.

October 15, 2018.

Attorney(s) appearing for the Case

J. Mark Gidley , with whom Peter J. Carney , Dana Foster , Matthew S. Leddicotte , Jaclyn Phillips , Washington, DC, Maxwell J. Hyman , Robert A. Milne , Jack E. Pace III , Bryan D. Gant , Kelly Newman , and White & Case LLP New York, NY, were on brief, for appellants.

Richard A. Samp and Marc B. Robertson on brief for Washington Legal Foundation, amicus curiae.

Justin N. Boley , with whom Kenneth A. Wexler , Tyler J. Story , Wexler Wallace LLP, Chicago, IL, Tyler W. Hudson , Eric D. Barton , David Barclay , Wagstaff & Cartmell, LLP, Kansas City, MO, Nathaniel L. Orenstein , Boston, MA, Todd A. Seaver , San Francisco, CA, Berman Tabacco, Daniel E. Gustafson , Karla M. Gluek , Michelle J. Looby , Minneapolis, MN, Joshua J. Rissman , Gustafson Gluek PLLC, Jeffrey L. Kodroff , William G. Caldes , John A. Macoretta , Spector Roseman Kodroff & Willis, P.C., Philadelphia, PA, Peter J. Mougey , Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor, P.A., Pensacola, FL, Jonathan D. Karmel , and Karmel Law Firm, Chicago, IL, were on brief, for appellees.

Before Lynch, Kayatta, and Barron, Circuit Judges.

Drug manufacturer Warner Chilcott Limited pulled one of its products — Asacol — from the market just months before the drug's patent protection expired. Warner simultaneously introduced a similar but not exactly identical substitute drug called Delzicol, the patent protection for which ran years longer. This...

Let's get started

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases