Public-domain · open source
OpenJurist
← 868 F.3d 231 - In re Lipitor Antitrust Litigation

In re Lipitor Antitrust Litigation’s Empirical Analysis

868 F.3d 231 · 2017

Citation profile

17
cited by 17 later decisions
July 2023
most recently cited

4 federal appellate · 1 district ·

Relationships

Applies 15 U.S.C. § 1 (§ 1 of the Sherman Antitrust Act) · 15 U.S.C. § 2 (§ 2 of the Sherman Antitrust Act) · 16 U.S.C. § 1 (National Park Police Drug Enforcement Supplemental Authority Act) · 21 U.S.C. § 355 (Federal Food, Drug, and Cosmetic Act) · 28 U.S.C. § 1291 · 28 U.S.C. § 1295 · 28 U.S.C. § 1331 · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005)

Relies on Bell Atlantic Corp. v. Twombly · Ashcroft v. Iqbal · MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al. · Heckler v. Chaney · Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “first, 'the lawsuit must be objectively baseless in the sense that no reasonable litigant could realistically expect success on the merits' ... [s]econd, 'the baseless lawsuit [must] conceal[ ] an attempt to interfere directly with the business relationships of a competitor,' rather than reflect a legitimate effort to obtain judicial review.”
    1 later decision quote this exact passage
  2. “accept[ing] all factual allegations in the complaint as true and, examining for plausibility, 'determin[ing] whether, under any reasonable reading of the complaint, the plaintiff may be entitled to relief.'”
    1 later decision quote this exact passage
  3. “and may be using that power to keep others from entering its market. Id. Such a payment may also indicate a patent holder's concern about the validity of its patent, such that”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.