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2020 U.S. App. LEXIS 31048 *; __ F.3d __; 2020 WL 5807873
FEDERAL TRADE COMMISSION, Appellant v. ABBVIE INC.; ABBOTT LABORATORIES; UNIMED PHARMACEUTICALS, LLC; BESINS HEALTHCARE, INC.; *TEVA PHARMACEUTICALS USA, INC. (*Dismissed Pursuant to Court's 3/12/19 Order.);FEDERAL TRADE COMMISSION v. ABBVIE INC.; ABBOTT LABORATORIES; UNIMED PHARMACEUTICALS, LLC; BESINS HEALTHCARE, INC.; *TEVA PHARMACEUTICALS USA, INC. Abbvie Inc.; Abbott Laboratories; Unimed Pharmaceuticals, LLC, Appellants (*Dismissed Pursuant to Court's 3/12/19 Order.);FEDERAL TRADE COMMISSION v. ABBVIE INC.; ABBOTT LABORATORIES; UNIMED PHARMACEUTICALS, LLC; BESINS HEALTHCARE, INC.; *TEVA PHARMACEUTICALS USA, INC. Besins Healthcare, Inc., Appellant (*Dismissed Pursuant to Court's 3/12/19 Order.)
Prior History: [*1] On Appeal from the United States District Court for the Eastern District of Pennsylvania. (D.C. No. 2-14-cv-05151). District Judge: Honorable Harvey Bartle, III.
FTC v. AbbVie Inc., 329 F. Supp. 3d 98, 2018 U.S. Dist. LEXIS 109628 (E.D. Pa., June 29, 2018)FTC v. AbbVie Inc., 2017 U.S. Dist. LEXIS 149824 (E.D. Pa., Sept. 15, 2017)FTC v. AbbVie Inc., 107 F. Supp. 3d 428, 2015 U.S. Dist. LEXIS 59115 (E.D. Pa., May 6, 2015)
patent, settlement, infringement, patentee, sham, isopropyl, injunction, gel, lawsuit, disgorgement, antitrust, baseless, anticompetitive, enhancers, injectables, penetration, reverse-payment, tangentiality, brand-name, myristate, monopoly, acid, testosterone, palmitate, notice, competitors, estoppel, equitable, expiration, restitution
Antitrust & Trade Law, Consumer Protection, Deceptive Labeling & Packaging, Federal Food, Drug & Cosmetic Act, Business & Corporate Compliance, Infringement Actions, Defenses, Experimental Use & Testing, Governments, Agriculture & Food, Federal Food & Drugs Act, Infringing Acts, Offers to Sell & Sales, Patent Law, Marking, Statute of Limitations, Inequitable Conduct, Anticompetitive Conduct, Regulated Practices, Trade Practices & Unfair Competition, Federal Trade Commission Act, Exemptions & Immunities, Noerr-Pennington Doctrine, Sham Exception, Monopolies & Monopolization, Actual Monopolization, Monopoly Power, Sherman Act, Scope, Monopolization Offenses, Governments, Courts, Authority to Adjudicate, Jurisdiction & Review, Subject Matter Jurisdiction, Appeals, Civil Procedure, Federal Questions, Well Pleaded Complaint Rule, Jurisdiction Over Actions, Exclusive Jurisdiction, Judicial Precedent, Appeals, Standards of Review, De Novo Review, Private Actions, Standing, Requirements, Remedies, Damages, Infringer's Profits, Exclusive Rights, Manufacture, Sale & Use, Attempts to Monopolize, Elements, Per Se Rule & Rule of Reason, Per Se Rule Tests, Manifestly Anticompetitive Effects, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Pleadings, Complaints, Requirements for Complaint, Sherman Act, Right to Petition Immunity, Constitutional Law, Bill of Rights, Fundamental Freedoms, Freedom to Petition, Scope, Parker State Action Doctrine, Bad Faith Enforcement, Statute of Limitations, Tolling of Statute of Limitations, Stay, Summary Judgment Review, Standards of Review, Doctrine of Equivalents, Elements, Equivalence, Ordinary Skill, Functional & Structural Limitations, Equivalence Limits, Prosecution History Estoppel, Abandonment & Amendment, Fact & Law Issues, Prosecution Related Arguments & Remarks, Estoppel & Laches, Contracts Law, Types of Contracts, Settlement Agreements, Trials, Bench Trials, Clearly Erroneous Review, Questions of Fact & Law, Reviewability of Lower Court Decisions, Preservation for Review, Claims, Anticompetitive & Predatory Practices, Predatory Pricing, Price Fixing & Restraints of Trade, Exclusive & Reciprocal Dealing, Exclusive Dealing, Market Definition, Relevant Market, Product Market Definition, Legislation, Interpretation, Deceptive & Unfair Trade Practices, Federal Trade Commission Act, US Federal Trade Commission, State Regulation, False Advertising, Injunctions, Securities Law, Securities Exchange Act of 1934 Actions, Insider Trading, Disgorgement of Profits, Civil Liability Considerations, Equitable Relief, Magnuson-Moss Warranty Act, Remedies, Preliminary Considerations, Equity, Relief, Freedom of Speech, Clayton Act, Appellate Briefs