Andrx Pharmaceuticals, Inc. v. Biovail Corp. International

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the generic drug manufacturer could allege “its intent and preparedness to enter the market” even before the FDA approved its ANDA “by claiming that FDA approval was probable”
• finding a competitor had antitrust standing because his “alleged injury [was] not measured by or derived from” the injury suffered by “consumer plaintiffs”
• “Irrespective of consumer injury, an excluded competitor . . . suffers a distinct injury if it is prevented from selling its product.”
• “Irrespective of consumer injury, an excluded competitor . . . suffers a distinct injury if it is prevented from selling its product.”
• “In the pharmaceutical industry, FDA approval is a prerequisite to enter any drug market.”
• ʺAndrxʹs original suit . . . to enjoin the FDA from approving Biovailʹs ANDA, suggests that Biovail (or so Andrx believed) may have intended and been sufficiently prepared to enter the market.ʺ

Source: CourtListener parenthetical corpus (CC0).