IN RE: LANTUS DIRECT PURCHASER ANTITRUST LITIGATION.
César Castillo, Inc., on behalf of itself and all others similarly situated; FWK Holdings LLC, on behalf of itself and all others similarly situated, Plaintiffs, Appellants,
v.
Sanofi-Aventis U.S., LLC, Defendant, Appellee,
Sanofi Gmbh, Defendant.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
February 13, 2020.
February 13, 2020.
Attorney(s) appearing for the Case
Matthew W.H. Wessler, Washington, DC, with whom Joshua Matz, New York, NY, Gupta Wessler PLLC, Thomas M. Sobol, Kristie A. LaSalle, Cambridge, MA, Kristen A. Johnson, Hagens Berman Sobol Shapiro LLP, John D. Radice, Radice Law Firm, P.C., Princeton, NJ, Joseph M. Vanek, Oklahoma City, OK, David P. Germaine, John P. Bjork, Vanek, Vickers & Masini, P.C., Chicago, IL, Paul E. Slater, Matthew T. Slater, Sperling & Slater, P.C., Chicago, IL, Linda P. Nussbaum, Bradley J. Demuth, Nussbaum Law Group, P.C., New York, NY, Juan R. Rivera Font, and Juan R. Rivera Font LLC, San Juan, PR, were on brief, for appellants.
Benjamin C. Mizer, Washington, DC, with whom Laura Diss Gradel, Boston, MA, Julia E. McEvoy, Rosanna K. McCalips, Alisha M. Crovetto, and Jones Day, Washington, DC, were on brief, for appellee.
Before Torruella, Thompson, and Kayatta, Circuit Judges.
KAYATTA, Circuit Judge.
The FDA maintains a publication called Approved Drug Products with Therapeutic Equivalence Evaluations, known in the industry as "the Orange Book." The Orange Book lists patents said by their owners to claim FDA-approved drugs. The listing of a patent in the Orange Book arms the patent-owning drug manufacturer...
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