IP Law News

Case: Patents/Antitrust (1st Cir.)

Feb. 14, 2020, 7:10 PM

A federal district court in Massachusetts was wrong to dismiss Sherman Act claims against Sanofi-Aventis U.S. LLC, the U.S. Court of Appeals for the First Circuit ruled. Sanofi-Aventis U.S. LLC improperly submitted a patent for the Lantus SoloSTAR insulin glargine disposable injector pen device for listing in the Food and Drug Administration’s “Orange Book” of approved drug products, and is thus potentially liable under antitrust law to drug purchasers who were allegedly harmed by the effective extension of Sanofi’s monopoly, the court found. The court held that the complaint adequately alleged that Sanofi shouldn’t have submitted the patent, which neither...

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