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1st Circuit reverses dismissal of antitrust suit vs. Sanofi

Drug purchasers: FDA filing wrongfully extended monopoly

Purchasers of a diabetes drug can pursue antitrust claims based on allegations that drug maker Sanofi-Aventis wrongfully extended its monopoly by improperly listing a patent in the U.S. Food & Drug Administration’s “Orange Book,” the 1st U.S. Circuit Court of Appeals has determined. The “Approved Drug Products with Therapeutic Equivalence Evaluations” publication, known in the pharmaceutical ...

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