Legal Opinion

United Food & Commercial Workers Unions v. Warner Chilcott Ltd. (In Re Asacol Antitrust Litig.)

Court of Appeals for the First Circuit

Decided October 15, 2018No. 18-1065PPublishedCited by 103 opinions

1Opinion of the Court

KAYATTA, Circuit Judge.

Drug manufacturer Warner Chilcott Limited pulled one of its products-Asacol-from the market just months before the drug's patent protection expired. Warner simultaneously introduced a similar but not exactly identical substitute drug called Delzicol, the patent protection for which ran years longer. This coordinated withdrawal and entry of the two drugs allegedly precluded generic manufacturers from introducing a generic version of Asacol, which would have provided a lower-cost alternative to Warner's drugs Delzicol and Asacol HD, a version of Asacol that was also still…

2Cases cited56 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. Baker v. CarrSupreme Court of the United States · 1962
  4. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  5. Wal-Mart Stores, Inc. v. DukesSupreme Court of the United States · 2011

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3Cited by103 opinions

  1. Krakauer v. Dish Network, L. L.C.Court of Appeals for the Fourth Circuit · 2019
  2. Olean Wholesale Grocery Co-Op v. Bumble Bee Foods LLCCourt of Appeals for the Ninth Circuit · 2022
  3. Reid v. DonelanCourt of Appeals for the First Circuit · 2021
  4. Painters & Allied Trades Dist. Council 82 Health Care Fund v. Forest Pharm., Inc. (In Re Celexa & Lexapro Mktg. & Sales Practices Litig.)Court of Appeals for the First Circuit · 2019
  5. Pereira Brito v. GarlandCourt of Appeals for the First Circuit · 2021

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