Civil Rights
Block on Trump's Asylum Ban Upheld by Supreme Court
In an action alleging that defendant drug manufacturers conspired to maintain a monopoly in the market for desmopressin acetate tablets, dismissal of the complaint is reversed where: 1) plaintiffs' antitrust claim could stand on the citizen petition theory without raising questions of patent law; 2) plaintiffs had standing to raise Walker Process claims for patents that were already unenforceable due to inequitable conduct; and 3) plaintiffs sufficiently pled scienter on the part of defendants.
Read In re: DDAVP Direct Purchaser Antitrust Litig., No. 06-5525
Appellate Information
Argued: September 15, 2008
Decided: October 16, 2009
Judges
Opinion by Judge Walker
Counsel
For Appellants:
David F. Sorensen, Daniel Berger and Daniel C. Simons, Berger & Montague, P.C., Philadelphia, PA
For Appellees:
Douglas L. Wald, William J. Baer, Barbara H. Wootton, Arnold & Porter LLP, Washington, DC