Cheminor Drugs, Ltd. v. Ethyl Corp.
Court of Appeals for the First Circuit
1Opinion of the Court
OPINION OF THE COURT
GARTH, Circuit Judge:
This appeal requires us to analyze whether alleged misrepresentations by the defendant Ethyl Corp. (“Ethyl”)1 vitiates application of the immunity afforded by the Noerr-Pen-nington doctrine and thus defeats Ethyl’s “objective basis” for petitioning the government for protection of its bulk ibuprofen industry from imports of bulk ibuprofen by plaintiffs Cheminor Drugs, Ltd. and Reddy-Cheminor, Inc. (collectively, “Cheminor”).
Cheminor’s ibuprofen exports to the United States were found to be heavily subsidized by the Government of India (“India”), and…
2Cases cited21 opinions
- Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
- United Mine Workers v. PenningtonSupreme Court of the United States · 1965
- California Motor Transport Co. v. Trucking UnlimitedSupreme Court of the United States · 1972
- Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc.Supreme Court of the United States · 1993
- Walker Process Equipment, Inc. v. Food MacHinery & Chemical Corp.Supreme Court of the United States · 1965
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3Cited by99 opinions
- Manley v. Ambase Corp.Court of Appeals for the Second Circuit · 2003
- American Civil Liberties Union Foundation of Colorado, Inc. , Amicus CuriaeCourt of Appeals for the Tenth Circuit · 2000
- Globetrotter Software, Inc. v. Elan Computer Group, Inc.Court of Appeals for the Federal Circuit · 2004
- In Re Lipitor Antitrust LitigationCourt of Appeals for the Third Circuit · 2017
- A.D. Bedell Wholesale Company, Inc. v. Philip Morris IncorporatedCourt of Appeals for the Third Circuit · 2001
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