Legal Opinion

Ethypharm S.A. France v. Abbott Laboratories

District Court, D. Delaware

Decided February 20, 2009No. Civ. 08-126-SLRPublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

Plaintiff Ethypharm S.A. France (“Ethypharm”) brought this action against defendant Abbott Laboratories (“Abbott”) on March 3, 2008. (D.I. 1) Both parties are manufacturers of pharmaceutical drugs, more specifically, fenofibrate. Ethypharm alleges that Abbott has interfered with Ethypharm’s licensee from marketing and selling Ethypharm’s fenofibrate product under an exclusive licensing agreement with a United States distributor. Ethypharm brings antitrust claims under sections 1 and 2 of the Sherman Act, as well as several…

2Cases cited16 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Erickson v. PardusSupreme Court of the United States · 2007
  3. Associated General Contractors of California, Inc. v. California State Council of CarpentersSupreme Court of the United States · 1983
  4. Christopher v. HarburySupreme Court of the United States · 2002
  5. In Re Lower Lake Erie Iron Ore Antitrust Litigation (Mdl No. 587). (Nineteen Cases). Wills Trucking, Inc. Consolidated Dock and Storage, Inc. Toledo World Terminal, Inc. v. Baltimore & Ohio Railroad Company, Inc. Bessemer & Lake Erie Railroad, Inc. Chesapeake & Ohio Railway Company, Inc. Csx Corporation Consolidated Rail Corporation Norfolk & Western Railway Company, Inc. Pittsburgh & Lake Erie Railroad Company (d.c. Civil No. 84-02010). Wills Trucking, Inc. And Toledo World Terminal, Inc., in 91-1526. Bessemer and Lake Erie Railroad Company, in 91-1586. Wills Trucking, Inc. Consolidated Dock and Storage, Inc. Toledo World Terminal, Inc. v. Baltimore & Ohio Railroad Company, Inc. Bessemer & Lake Erie Railroad, Inc. Chesapeake & Ohio Railway Company, Inc. Csx Corporation Consolidated Rail Corporation Norfolk & Western Railway Company, Inc. Pittsburgh & Lake Erie Railroad Company (d.c. Civil No. 84-02010). Bessemer and Lake Erie Railroad Company, in 91-1587. C.D. Ambrosia Trucking Co., Inc. v. Chesapeake & Ohio Railway Company Baltimore and Ohio Railroad Company, Inc. Csx Corporation, Inc. Norfolk & Western Railway Company, Inc. Bessemer and Lake Erie Railroad Company, Inc. Consolidated Rail Corporation the Penn Central Corporation, Inc. (d.c. Civil No. 84-02012). Bessemer and Lake Erie Railroad Company, in 91-1588. Republic Steel Corporation v. The Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Consolidated Rail Corporation Bessemer & Lake Erie Railroad Company Norfolk & Western Railway Company and the Pittsburgh & Lake Erie Railroad Company (d.c. Civil No. 84-02079). Bessemer and Lake Erie Railroad Company, in 91-1589. National Steel Corporation v. Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Bessemer & Lake Erie Railroad Company Consolidated Rail Corporation (Civil No. 84-02134). Bessemer and Lake Erie Railroad Company, in 91-1590. Jones & Laughlin Steel Incorporated v. The Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Norfolk & Western Railway Company Norfolk & Southern Corporation Bessemer & Lake Erie Railroad Company Consolidated Rail Corporation (d.c. Civil No. 84-02135). Bessemer and Lake Erie Railroad Company, in 91-1591. Wheeling-Pittsburgh Steel Corporation v. The Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Norfolk & Western Railway Company Norfolk & Southern Corporation Bessemer & Lake Erie Railroad Company Consolidated Rail Corporation (d.c. Civil No. 84-02138). Bessemer and Lake Erie Railroad Company, in 91-1592. Tauro Brothers Trucking Co. v. Baltimore and Ohio Railroad Company, Inc. Bessemer and Lake Erie Railroad, Inc. Chesapeake & Ohio Railway Company, Inc. Consolidated Rail Corporation and Norfolk and Western Railway Company, Inc. v. Pittsburgh & Lake Erie Railroad Co. (d.c. Civil No. 84-02781). Bessemer and Lake Erie Railroad Company, in 91-1593. Sharon Steel Corporation v. The Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Bessemer & Lake Erie Railroad Consolidated Rail Corporation (d.c. Civil No. 84-05562). Bessemer and Lake Erie Railroad Company, in 91-1594. Erie Western Pennsylvania Port Authority and Codan Corporation v. Chesapeake & Ohio Railway Company, Inc. Baltimore and Ohio Railroad Company, Inc. Csx Corporation Norfolk & Western Railway Company, Inc. Bessemer and Lake Erie Railroad Company, Inc. Consolidated Rail Corporation, Inc. And the Penn Central Corporation, Inc. (d.c. Civil No. 84-05760). Bessemer and Lake Erie Railroad Company, in 91-1595. C.D. Ambrosia Trucking Co., Inc. v. Chesapeake & Ohio Railway Company Baltimore and Ohio Railroad Company, Inc. Csx Corporation, Inc. Norfolk & Western Railway Company, Inc. Bessemer and Lake Erie Railroad Company, Inc. Consolidated Rail Corporation the Penn Central Corporation, Inc. (d.c. Civil No. 84-02012). C.D. Ambrosia Trucking Company ("Ambrosia"), in 91-1627. Republic Steel Corporation v. The Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Consolidated Rail Corporation Bessemer & Lake Erie Railroad Company Norfolk & Western Railway Company and the Pittsburgh & Lake Erie Railroad Company (d.c. Civil No. 84-02079). Republic Steel Corporation in 91-1628. National Steel Corporation v. Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Bessemer & Lake Erie Railroad Company Consolidated Rail Corporation (d.c. Civil No. 84-02134). National Steel Corporation, in 91-1629. Jones & Laughlin Steel Incorporated v. The Penn Central Corporation, the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Norfolk & Western Railway Company Norfolk & Southern Corporation Bessemer & Lake Erie Railroad Company Consolidated Rail Corporation (d.c. Civil No. 84-02135). Jones & Laughlin Steel Incorporated, in 91-1630. Wheeling-Pittsburgh Steel Corporation v. The Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Norfolk & Western Railway Company Norfolk & Southern Corporation Bessemer & Lake Erie Railroad Company Consolidated Rail Corporation (d.c. Civil No. 84-02138). Wheeling-Pittsburgh Steel Corporation, in 91-1631. Tauro Brothers Trucking Co. v. Baltimore and Ohio Railroad Company, Inc. Bessemer and Lake Erie Railroad, Inc. Chesapeake & Ohio Railway Company, Inc. Consolidated Rail Corporation and Norfolk and Western Railway Company, Inc. v. Pittsburgh & Lake Erie Railroad Co. (d.c. Civil No. 84-02781). Tauro Brothers Trucking Company, in 91-1632. Sharon Steel Corporation v. The Penn Central Corporation the Chesapeake & Ohio Railway Company the Baltimore & Ohio Railroad Company Csx Corporation Bessemer & Lake Erie Railroad Consolidated Rail Corporation (d.c. Civil No. 84-05562). Sharon Steel Corporation, in No. 91-1633. Erie Western Pennsylvania Port Authority and Codan Corporation v. Chesapeake & Ohio Railway Company, Inc. Baltimore and Ohio Railroad Company, Inc. Csx Corporation, Inc. Norfolk & Western Railway Company, Inc. Consolidated Rail Corporation, Inc. And the Penn Central Corporation, Inc. (d.c. Civil No. 84-05760). Erie-Western Pennsylvania Port Authority and Codan Corporation ("Erie"), in 91-1634Court of Appeals for the Third Circuit · 1993

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3Cited by9 opinions

  1. Deston Therapeutics LLC v. Trigen Laboratories Inc.District Court, D. Delaware · 2010
  2. Sigmapharm, Inc. v. Mutual Pharmaceutical Co.Court of Appeals for the Third Circuit · 2011
  3. SigmaPharm, Inc. v. MUTUAL PHARMACEUTICAL CO.District Court, E.D. Pennsylvania · 2011
  4. Cotiviti Holdings, Inc. v. McDonaldDistrict Court, S.D. New York · 2021
  5. Ethypharm S.A. France v. Abbott LaboratoriesDistrict Court, D. Delaware · 2011

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