Antitrust and sham litigation allegations not supported by the record
Ethypharm S.A. France v. Abbott Laboratories, Civ. No. 08-126-SLR, August 23, 2011.
Robinson, J. Motion for summary judgment regarding alleged anticompetitive conduct and motion for summary judgment regarding allegations of sham litigation are granted.
Ethypharm brought this antitrust action alleging that Abbott interfered with the marketing and selling of Ethypharm’s fenofibrate product, called Antara®, under an exclusive licensing agreement with a U.S. distributor. Abbott moved for summary judgment to dismiss the allegations of anticompetitive conduct and sham litigation. The motions were granted. Ethypharm did not proffer evidence showing a causal connection between the alleged antitrust violation and antitrust injury. Similarly, the record lacked evidence to support a finding of sham litigation regarding Abbott’s infringement, invalidity, and inequitable conduct theories.
