The US Court of Appeals for the Federal Circuit finds that antitrust liability can be attached to sham administrative petitions as the sham litigation exception is not limited to court litigation (Tyco Healthcare / Mutual Pharmaceutical)

Addressing whether the “sham” exception to Noerr-Pennington immunity is limited to sham litigation in courts, the U.S. Court of Appeals for the Federal Circuit vacated a lower court’s summary judgment of no antitrust liability, finding that antitrust liability can attach to sham administrative petitions and that the sham litigation exception is not limited to court litigation. Tyco Healthcare Group LP v. Mutual Pharm. Co., Inc., Case No. 13-1386 (Fed. Cir., Aug. 6, 2014) (Bryson, J.) (Newman, J., dissenting). Tyco Healthcare

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  • McDermott Will & Emery (Paris)

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Jacques Buhart, The US Court of Appeals for the Federal Circuit finds that antitrust liability can be attached to sham administrative petitions as the sham litigation exception is not limited to court litigation (Tyco Healthcare / Mutual Pharmaceutical), 6 August 2014, e-Competitions August 2014, Art. N° 93074

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