In re: DDAVP Direct Purchaser Antitrust Litig., No. 06-5525

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