Legal Opinion
Andrx Pharmaceuticals v. Elan Corporation
Court of Appeals for the Eleventh Circuit
Decided August 29, 2005No. 03-13605PublishedCited by 57 opinions
1Opinion of the Court
BIRCH, Circuit Judge:
In this appeal, we address whether the district court properly granted a patent-holder’s motion for judgment on the pleadings in a competitor’s antitrust suit. The district court granted the motion because it found that the Noerr-Pennington doctrine immunized Defendant-appellee Elan Corporation, PLC (“Elan”) from the maintenance of an antitrust suit based on the allegations of Plaintiff-appellant Andrx Pharmaceuticals, Inc. (“Andrx”) that Elan engaged in patent infringement proceedings to improperly protect its monopoly on the market for a controlled release naproxen…
2Cases cited23 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Marbury v. MadisonSupreme Court of the United States · 1803
- 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
18 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Minter v. Prime Equipment Co.Court of Appeals for the Tenth Circuit · 2006
- Cunningham v. District Attorney's Office for Escambia CountyCourt of Appeals for the Eleventh Circuit · 2010
- Schering-Plough Healthcare Products, Inc. v. Schwarz Pharma, Inc.Court of Appeals for the Seventh Circuit · 2009
- In Re K-Dur Antitrust LitigationCourt of Appeals for the Third Circuit · 2012
- Federal Trade Commission v. Watson Pharmaceuticals, Inc.Court of Appeals for the Eleventh Circuit · 2012
52 more not listed; retrieve them via the Exa API.