Sham Litigation Exception

News & Analysis as of

Apotex Drops Sham Litigation Counterclaims in Neupogen and Neulasta Biosimilar Litigation

In a consolidated litigation in the Southern District of Florida involving Apotex’s proposed biosimilars of Amgen’s Neupogen, an anti-infection drug for cancer patients, and of Amgen’s Neulasta, a long-acting version of...more

ANDA Update - October 2015

Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

Court Finds Sham Litigation Violates Secondary Boycott Provisions of NLRA, But NLRA Prohibitions Do Not Apply to Worker Centers

On August 26, 2013, in Waugh Chapel South, LLC v. UFCW (4th Cir. 2013), the U.S. Court of Appeals for the Fourth Circuit delivered a victory, in part, to employers and, in part, to labor. In its decision, the Fourth Circuit...more

"Sham Litigation" Suit Revived by Fourth Circuit

Waugh Chapel South, LLC v. United Food & Commercial Workers Union Local 27 - No. 12-1429, 2013 WL 4505288 (4th Cir. Aug. 26, 2013) - In Waugh Chapel South, LLC v. United Food & Commercial Workers Union Local 27, the...more

General Liability Policies May Cover Antitrust, Patent and Other Business Litigation - Part 2

In a prior post, we explained how a general liability policy may cover antitrust, patent, trade secret and other business litigation claims, if there are allegations that insured made negative comments about the other party’s...more

“Sham Litigation” Claim Can Be Decided On The Pleadings

In a recent decision, the North Carolina Business Court in Lorillard Tobacco Company v. R.J. Reynolds Tobacco Company, 2011 NCBC 30 (August 8, 2011) (“Lorillard”) has found that an unfair trade practice counterclaim, based on...more

6 Results
|
View per page
Page: of 1
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×