Lawyer Commentary Mondaq United States Second Circuit Denies Petition For Actavis Rehearing

Second Circuit Denies Petition For Actavis Rehearing

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We have previously posted about the New York Attorney General's "product hopping" suit against Actavis and its subsidiary, Forest Laboratories LLC (together, "Actavis"), including our analysis of the District Court's opinion enjoining Actavis from discontinuing sales of the Alzheimer's drug Namenda IR, and of the Second Circuit's decision affirming the district court's ruling. The Second Circuit panel that heard the appeal has now denied rehearing, and the active members of the Second Circuit have also denied rehearing en banc.

In its petition for rehearing, Actavis argued that the issues presented by this case are exceptionally important because...

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