Plaintiffs claimed that Allergan, maker of Botox, is colluding with Medytox, a Korean maker of similar drugs, to divide up the market share in the United States. Plaintiffs filed a motion for summary judgment, claiming Allergan's entry into a licensing agreement with Medytox constitutes a horizontal market allocation which is condemned as a matter of law.
Finding that there remains allegations that, if disproven, would fail to support liability, the court denied summary judgment.
This was an interesting tactic, that the plaintiff would file a motion for summary judgment on the pleadings. It is unusual that the plaintiff wishes to finish the case in this manner.