Ethypharm S.A. France v. Abbott Laboratories

MEMORANDUM ORDER

MARY PAT THYNGE, United States Magistrate Judge.

I. INTRODUCTION

Plaintiff Ethypharm S.A. France (“Ethypharm”) and defendant Abbott Laboratories (“Abbott”) manufacture drugs containing fenofibrate. Fenofibrate is used to reduce cholesterol levels in patients at risk of cardiovascular disease. Ethypharm, a privately-held French company, manufactures a brand name fenofibrate called Antara. Ethypharm does not directly sell or distribute Antara in the United States; instead, Ethypharm contracted with Reliant Pharmaceuticals, Inc. (“Reliant”) to market and distribute the drug in…