Articles Posted in U.S. Court of Appeals for the Third Circuit

by
The consolidated appeals involve allegations that the companies holding the patents for Lipitor and Effexor XR delayed entry into the market by generic versions of those drugs by engaging in an overarching monopolistic scheme that involved fraudulently procuring and enforcing the underlying patents and then entering into a reverse-payment settlement agreement with a generic manufacturer. In 2013, the Supreme Court recognized that reverse payment schemes can violate antitrust laws and that it is normally not necessary to litigate patent validity to answer the antitrust question. The district judge dismissed most of plaintiffs’ claims. The Third Circuit remanded after rejecting an argument that plaintiffs’ allegations required transfer of the appeals to the Federal Circuit, which has exclusive jurisdiction over appeals from civil actions “arising under” patent law, 28 U.S.C. 1295(a)(1). Not all cases presenting questions of patent law necessarily arise under patent law; here, patent law neither creates plaintiffs’ cause of action nor is a necessary element to any of plaintiffs’ well-pleaded claims. The court remanded one of the Lipitor appeals, brought by a group of California pharmacists and involving claims solely under California law, for jurisdictional discovery and determination of whether remand to state court was appropriate. View "In re: Lipitor Antitrust Litigation" on Justia Law

by
Arunachalam is a plaintiff in several related patent infringement actions in the U.S. District Court for the District of Delaware. Arunachalam unsuccessfully moved to disqualify the district judge on the basis of the judge’s ownership of mutual funds that have holdings in certain of the defendant corporations. Arunachalam challenged that ruling by seeking a writ of mandamus to order the judge’s disqualification. The Third Circuit concluded that it lacked jurisdiction and directed the Clerk to transfer the case to the United States Court of Appeals for the Federal Circuit. The court stated that it may issue writs of mandamus only “in aid of” its jurisdiction, and it will not possess appellate jurisdiction over the final orders in the patent infringement actions. View "In re: Dr. Lakshmi Arunachalam" on Justia Law