No. 18-2086.

950 F.3d 1 (2020)

IN RE: LANTUS DIRECT PURCHASER ANTITRUST LITIGATION. César Castillo, Inc., on behalf of itself and all others similarly situated; FWK Holdings LLC, on behalf of itself and all others similarly situated, Plaintiffs, Appellants, v. Sanofi-Aventis U.S., LLC, Defendant, Appellee, Sanofi Gmbh, Defendant.

United States Court of Appeals, First Circuit.

February 13, 2020.

Attorney(s) appearing for the Case

Matthew W.H. Wessler , Washington, DC, with whom Joshua Matz , New York, NY, Gupta Wessler PLLC, Thomas M. Sobol , Kristie A. LaSalle , Cambridge, MA, Kristen A. Johnson , Hagens Berman Sobol Shapiro LLP, John D. Radice , Radice Law Firm, P.C., Princeton, NJ, Joseph M. Vanek , Oklahoma City, OK, David P. Germaine , John P. Bjork , Vanek, Vickers & Masini, P.C., Chicago, IL, Paul E. Slater , Matthew T. Slater , Sperling & Slater, P.C., Chicago, IL, Linda P. Nussbaum , Bradley J. Demuth , Nussbaum Law Group, P.C., New York, NY, Juan R. Rivera Font , and Juan R. Rivera Font LLC, San Juan, PR, were on brief, for appellants.

Benjamin C. Mizer , Washington, DC, with whom Laura Diss Gradel , Boston, MA, Julia E. McEvoy , Rosanna K. McCalips , Alisha M. Crovetto , and Jones Day, Washington, DC, were on brief, for appellee.

Before Torruella, Thompson, and Kayatta, Circuit Judges.

The FDA maintains a publication called Approved Drug Products with Therapeutic Equivalence Evaluations, known in the industry as "the Orange Book." The Orange Book lists patents said by their owners to claim FDA-approved drugs. The listing of a patent in the Orange Book arms the patent-owning drug manufacturer...

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