On Sept. 28, 2016, in Mylan Pharmaceuticals Inc. v. Warner Chilcott Public Limited Co. (Doryx),[1] the Third Circuit affirmed the lower court's grant of summary judgment rejecting antitrust claims brought against Warner Chilcott for alleged "product hopping" with respect to its drug Doryx (delayed-release doxycycline hyclate). The court distinguished other product-hopping cases —including the recent Second Circuit decision in Namenda[2] — and held that the plaintiff, generic drug manufacturer Mylan, failed to put forth sufficient evidence that Warner Chilcott possessed monopoly power or engaged in anti-competitive conduct. While its decision turned on the particular facts of the case, the Third Circuit rejected several sweeping arguments that antitrust plaintiffs regularly advance in pharmaceutical antitrust cases.
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Originally published by Law360
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