Legal Opinion

Ethypharm S.A. France v. Abbott Laboratories

Court of Appeals for the Third Circuit

Decided January 23, 2013No. 11-3602PublishedCited by 339 opinions

1Opinion of the Court

OPINION OF THE COURT

JORDAN, Circuit Judge.

Ethypharm S.A. France (“Ethypharm”) appeals the judgment of the United States District Court for the District of Delaware granting Abbott Laboratories (“Abbott”) summary judgment on Ethypharm’s antitrust and state law claims. Although the District Court ruled in Abbott’s favor, it had earlier denied Abbott’s motion to dismiss, a motion premised on the assertion that Ethypharm lacked standing to bring antitrust claims under §§ 1 and 2 of the Sherman Antitrust Act. Abbott has pressed its standing argument on appeal, and we conclude that the District…

2Cases cited23 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  3. Fowler v. UPMC SHADYSIDECourt of Appeals for the Third Circuit · 2009
  4. Associated General Contractors of California, Inc. v. California State Council of CarpentersSupreme Court of the United States · 1983
  5. Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.Supreme Court of the United States · 1977

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3Cited by339 opinions

  1. Hartig Drug Co Inc v. Senju Pharmaceutical Co LtdCourt of Appeals for the Third Circuit · 2016
  2. Ronald Ross v. Kevin GilhulyCourt of Appeals for the Third Circuit · 2014
  3. Josh Finkelman v. National Football LeagueCourt of Appeals for the Third Circuit · 2016
  4. In Re Modafinil Antitrust LitigationCourt of Appeals for the Third Circuit · 2016
  5. In Re Wellbutrin XL Antitrust Litigation Indirect Purchaser ClassCourt of Appeals for the Third Circuit · 2017

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