In Re Relafen Antitrust Litigation

How courts have described this case

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

• observing that under patent law, “[p]laintiffs must establish the first, objective prong of the sham definition by clear and convincing evidence.”
• finding that “‘the facts tending to establish the existence or want of existence of probable cause’ were disputed, rendering the question inappropriate for decision as matter of law”
• rejecting argument that denial of summary judgment established probable cause to initiate civil case
• the plaintiffs could seek damages for the full amount of the overcharge, despite the defendants’ evidence of generic bypass
• “Here, ‘the facts tending to establish the existence or want of existence of probable cause’ were disputed, ren- dering the question inappropriate for decision as matter of law.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).