Apotex Inc. v. Acorda Therapeutics, Inc.

DENNIS JACOBS, Circuit Judge:

The parties are rival manufacturers of tizanidine, a drug for treating spasticity. Plaintiffs Apotex Incorporated and Apotex Corporation (collectively “Apotex”) allege that defendant Acorda Therapeutics, Inc. (“Acorda”) (i) filed a sham citizen petition with the Food and Drug Administration (“FDA”) to hinder approval of Apotex’s competing formulation in violation of Section Two of the Sherman Act, and (ii) violated the Lanham Act’s proscription on false advertising. As relevant here, the competition between the manufacturers focused on the relative efficacy of…