Legal Opinion
Joblove v. Barr Labs. Inc.
Court of Appeals for the Second Circuit
Decided November 2, 2005No. Docket No. 03-7641PublishedCited by 120 opinions
1Opinion of the Court
SACK, Circuit Judge.
This appeal, arising out of circumstances surrounding a lawsuit in which a drug manufacturer alleged that its patent for the drug tamoxifen citrate (“tamoxifen”) was about to be infringed, and the suit’s subsequent settlement, requires us to address issues at the intersection of intellectual property law and antitrust law. Although the particular factual circumstances of this case are unlikely to recur, the issues presented have been much litigated and appear to retain their vitality.
The plaintiffs appeal from a judgment of the United States District Court for the Eastern…
2Cases cited67 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Associated General Contractors of California, Inc. v. California State Council of CarpentersSupreme Court of the United States · 1983
- Leatherman v. Tarrant County Narcotics Intelligence and Coordination UnitSupreme Court of the United States · 1993
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3Cited by120 opinions
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- In Re Elevator Antitrust LitigationCourt of Appeals for the Second Circuit · 2007
- F.T.C. v. Actavis, Inc.Supreme Court of the United States · 2013
- Wilson v. Merrill Lynch & Co., Inc.Court of Appeals for the Second Circuit · 2011
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