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MAYOR OF BALTIMORE v. ACTELION PHARMACEUTICALS

No. 19-2233.

995 F.3d 123 (2021)

MAYOR and City Council OF BALTIMORE; Government Employees Health Association, on behalf of itself and all others similarly situated, Plaintiffs-Appellants, v. ACTELION PHARMACEUTICALS LTD.; Actelion Pharmaceuticals US, Inc.; Janssen Research & Development, LLC, Defendants-Appellees, and Actelion Clinical Research, Inc., Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: April 13, 2021.

Attorney(s) appearing for the Case

Sharon K. Robertson , David O. Fisher , COHEN MILSTEIN SELLERS & TOLL, New York, New York, for Appellants. Gregory T. Lawrence , LAWRENCE LAW, LLC, Baltimore, Maryland; Katherine B. Forrest , Damaris Hernández , CRAVATH, SWAINE & MOORE LLP, New York, New York, for Appellees.

Vacated and remanded by published opinion. Judge Niemeyer wrote the opinion, in which Judge Wynn and Judge Floyd joined.

The plaintiffs1 commenced this antitrust class action against Actelion,2 alleging that Actelion extended its patent monopoly for its branded drug Tracleer — a drug to treat pulmonary artery hypertension — beyond the patent's expiration date. They alleged...

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