Friday, July 1, 2016

Case of the Day: Tawfilis v. Allergan, Inc., 2016 U.S. Dist. LEXIS 84812 (C.D. Cal. May 31, 2016)

Summary:

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.

Takeaway:

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.

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