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)

Buhart, Jacques

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6 Aug 2014

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)

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Reference

US Court of Appeals for the Federal Circuit, Tyco Healthcare / Mutual Pharmaceutical, Case No. 2013-1386, 6 August 2014

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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Jacques Buhart
McDermott Will & Emery (Paris)

France 120 contributions 61712 visits

Quotation

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 Pay-for-delay agreements, Art. N° 93074

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