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902 F.3d 1 *; 2018 U.S. App. LEXIS 23284 **; 2018-2 Trade Cas. (CCH) P80,481
UNITED FOOD AND COMMERCIAL WORKERS UNIONS AND EMPLOYERS MIDWEST HEALTH BENEFITS FUND; LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA, on behalf of themselves and others similarly situated; AFSCME HEALTH AND WELFARE FUND, on behalf of themselves and others similarly situated; MINNESOTA LABORERS HEALTH AND WELFARE FUND, on behalf of themselves and others similarly situated; PENNSYLVANIA EMPLOYEES BENEFIT TRUST FUND, on behalf of themselves and others similarly situated; LOUISIANA HEALTH SERVICE & INDEMNITY COMPANY, d/b/a Blue Cross and Blue Shield of Louisiana, on behalf of themselves and others similarly situated, Plaintiffs, Appellants, v. NOVARTIS PHARMACEUTICALS CORPORATION; NOVARTIS CORPORATION; NOVARTIS AG, Defendants, Appellees.RXDN, INC., on behalf of itself and on behalf of the Direct Purchaser Class, Plaintiff, Appellant, v. NOVARTIS PHARMACEUTICALS CORPORATION; NOVARTIS CORPORATION; NOVARTIS AG, Defendants, Appellees.
Prior History: [**1] APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS. Hon. Allison D. Burroughs, U.S. District Judge.
UFCW v. Novartis Pharms. Corp., 2017 U.S. Dist. LEXIS 102389 (D. Mass., June 30, 2017)
patent, imatinib, mesylate, prior art, crystalline, salt, antitrust, immunity, plaintiffs', infringement, sham, patent application, baseless, allegations, anticipation, invention, compound, invalid, misrepresentation, enforcing, disclose, generic, complaints, expiration, motion to dismiss, representations, manufacture, purchasers, discovery, issuance
Antitrust & Trade Law, Exemptions & Immunities, Noerr-Pennington Doctrine, Right to Petition Immunity, Scope, Sham Exception, Sherman Act, Claims, Civil Procedure, Pleadings, Heightened Pleading Requirements, Fraud Claims, Appeals, Standards of Review, De Novo Review, Evidence, Burdens of Proof, Clear & Convincing Proof, Patent Law, Defenses, Patent Invalidity, Presumption of Validity, Anticipation & Novelty, Elements, Nonobviousness, Elements & Tests, Prior Art