Noah Feldman Greene
Antitrust Liability Risk When Listing Patents in Orange Book
By Noah Feldman Greene on Mar 5, 2020
Posted In Antitrust, Patents
The US Court of Appeals for the First Circuit held that pharmaceutical companies that wrongly list patents in FDA’s Orange Book must prove they acted in good faith to avoid antitrust liability. In re Lantus Direct Purchaser Antitrust Litigation, Case No. 18-2086 (1st Cir. Feb. 13, 2020) (Kayatta, J). In applying for FDA approval to...
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