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Antitrust – Patent – Fraud
Summary by Massachusetts Lawyers Weekly
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1 Articles
Antitrust – Patent – Fraud
Where (1) a plaintiff has brought a putative class action alleging that the defendants engaged in anti-competitive conduct by enforcing fraudulently obtained patents for its drug and (2) the defendant has claimed immunity under United Mine Workers of America v. Pennington, 381 U.S. 657 (1965) and Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127 (1961), the plaintiff’s claims should be dismissed to the extent they…
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