Smithkline Beecham Corporation v. Abbott Laboratories

OPINION

REINHARDT, Circuit Judge:

The central question in this appeal arises out of a lawsuit brought by Smith-Kline Beecham (GSK) against Abbott Laboratories (Abbott) that contains antitrust, contract, and unfair trade practice (UTPA) claims. The dispute relates to a licensing agreement and the pricing of HIV medications, the latter being a subject of considerable controversy in the gay community. GSK’s claims center on the contention that Abbott violated the implied covenant of good faith and fair dealing, the antitrust laws, and North Carolina’s Unfair Trade Practices Act by first licensing…