FEDERAL TRADE COMMISSION v. ABBVIE INC et al

Filing 301

MEMORANDUM AND ORDER THAT MOTIONS OF DEFENDANTS (DOC. 59 & 241) ARE DENIED. MOTION OF PLAINTIFF (DOC. 242) IS GRANTED. SIGNED BY HONORABLE HARVEY BARTLE, III ON 9/15/17. 9/15/17 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
FEDERAL TRADE COMMISSION
v.
ABBVIE INC., et al.

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CIVIL ACTION

NO. 14-5151

ORDER
AND NOW, this 15th day of September, 2017, for the
reasons set forth in the accompanying memorandum, it is hereby
ORDERED that:
(1)

the motions of defendants AbbVie Inc., Abbott

Laboratories, Unimed Pharmaceuticals LLC, and Besins Healthcare
Inc. for summary judgment on Count One of the complaint
(Docs. ## 59, 241) are DENIED; and
(2)

the motion of the plaintiff Federal Trade

Commission for partial summary judgment on the objective
baselessness element of the sham litigation prong of its
monopolization claim (Doc. # 242) is GRANTED.

BY THE COURT:

/s/ Harvey Bartle III
J.