41 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,049 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 216,170 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
General Electric Co. v. Joiner
522 U.S. 136 (1997) Cited 4,856 times 41 Legal Analyses
Holding that under the abuse of discretion standard the appellate court will not reverse unless the ruling is manifestly erroneous
Brooke Group Ltd. v. Brown Williamson Tobacco Corp.
509 U.S. 209 (1993) Cited 729 times 19 Legal Analyses
Holding that "tacit collusion" of participants in oligopolistic market to raise prices in response to higher costs is "not in itself unlawful"
Fed. Trade Comm'n v. Actavis, Inc.
570 U.S. 136 (2013) Cited 303 times 91 Legal Analyses
Holding that "reverse payment settlements . . . can sometimes violate the antitrust laws"
Glob. Network Commc'ns v. City of N.Y
458 F.3d 150 (2d Cir. 2006) Cited 1,295 times
Holding that courts may consider extrinsic documents when deciding a motion to dismiss where “the incorporated material is a contract or other legal document containing obligations upon which the plaintiff's complaint stands or falls, but which for some reason-usually because the document, read in its entirety would undermine the legitimacy of the plaintiff's claim-was not attached to the complaint”
Kramer v. Time Warner Inc.
937 F.2d 767 (2d Cir. 1991) Cited 1,988 times 1 Legal Analyses
Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201
Raskin v. the Wyatt Company
125 F.3d 55 (2d Cir. 1997) Cited 954 times 1 Legal Analyses
Holding that it is appropriate for the district court to determine the admissibility of scientific and other evidence and to rely only on admissible evidence in ruling on summary judgment
Woodman v. WWOR-TV, Inc.
411 F.3d 69 (2d Cir. 2005) Cited 696 times 2 Legal Analyses
Holding that, to defeat summary judgment, plaintiff "was obliged to offer evidence indicating that persons who actually participated in her termination decision had . . . knowledge" of her protected characteristics
New York ex rel. Schneiderman v. Actavis PLC
787 F.3d 638 (2d Cir. 2015) Cited 259 times 8 Legal Analyses
Finding “willingness to forsake short-term profits to achieve an anticompetitive end” indicative of anticompetitive behavior
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,503 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness
Fed. R. Evid. 803 Cited 12,657 times 85 Legal Analyses
Recognizing exception to rule against hearsay for records of regularly conducted activities
Rule 402 - General Admissibility of Relevant Evidence
Fed. R. Evid. 402 Cited 6,646 times 10 Legal Analyses
Providing relevant evidence is admissible unless prohibited by the United States Constitution, a federal statute, the Federal Rules of Evidence, or other rules prescribed by the Supreme Court
Section 103 - Conditions for patentability; non-obvious subject matter
35 U.S.C. § 103 Cited 6,054 times 445 Legal Analyses
Holding the party seeking invalidity must prove "the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains."
Section 271 - Infringement of patent
35 U.S.C. § 271 Cited 6,038 times 1047 Legal Analyses
Holding that testing is a "use"
Section 102 - Conditions for patentability; novelty
35 U.S.C. § 102 Cited 5,937 times 943 Legal Analyses
Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"
Rule 802 - The Rule Against Hearsay
Fed. R. Evid. 802 Cited 3,817 times 11 Legal Analyses
Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay
Section 101 - Inventions patentable
35 U.S.C. § 101 Cited 3,399 times 2189 Legal Analyses
Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."
Section 355 - New drugs
21 U.S.C. § 355 Cited 2,243 times 336 Legal Analyses
Granting the court discretion to change the date on which an ANDA may be approved if "either party to the action failed to reasonably cooperate in expediting the action"
Section 1396r-8 - Payment for covered outpatient drugs
42 U.S.C. § 1396r-8 Cited 221 times 32 Legal Analyses
Listing as approved “compendia” the American Hospital Formulary Service Drug Information, the United States Pharmacopeia–Drug Information (or its successor publications), and the DRUGDEX Information System
Section 447.510 - Requirements for manufacturers
42 C.F.R. § 447.510 Cited 5 times 3 Legal Analyses
(a)Quarterly reports. A manufacturer must report product and pricing information for covered outpatient drugs to CMS not later than 30 days after the end of the rebate period. The quarterly pricing report must include the following: (1) AMP, calculated in accordance with § 447.504 . (2) Best price, calculated in accordance with § 447.505 . (3) Customary prompt pay discounts, which are reported as an aggregate dollar amount for each covered outpatient drug at the nine-digit NDC level, provided to
Section 1.775 - Calculation of patent term extension for a human drug, antibiotic drug or human biological product
37 C.F.R. § 1.775 Cited 3 times 2 Legal Analyses
(a) If a determination is made pursuant to § 1.750 that a patent for a human drug, antibiotic drug or human biological product is eligible for extension, the term shall be extended by the time as calculated in days in the manner indicated by this section. The patent term extension will run from the original expiration date of the patent or any earlier date set by terminal disclaimer (§ 1.321 ). (b) The term of the patent for a human drug, antibiotic drug or human biological product will be extended

In Re Namenda Direct Purchaser Antitrust Litigation

41 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that under the abuse of discretion standard the appellate court will not reverse unless the ruling is manifestly erroneous

Holding that "tacit collusion" of participants in oligopolistic market to raise prices in response to higher costs is "not in itself unlawful"

Holding that "reverse payment settlements . . . can sometimes violate the antitrust laws"

Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201

Holding that it is appropriate for the district court to determine the admissibility of scientific and other evidence and to rely only on admissible evidence in ruling on summary judgment

Holding that, to defeat summary judgment, plaintiff "was obliged to offer evidence indicating that persons who actually participated in her termination decision had . . . knowledge" of her protected characteristics

Finding “willingness to forsake short-term profits to achieve an anticompetitive end” indicative of anticompetitive behavior

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Recognizing exception to rule against hearsay for records of regularly conducted activities

Providing relevant evidence is admissible unless prohibited by the United States Constitution, a federal statute, the Federal Rules of Evidence, or other rules prescribed by the Supreme Court

Holding that testing is a "use"

Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay

Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

Granting the court discretion to change the date on which an ANDA may be approved if "either party to the action failed to reasonably cooperate in expediting the action"

Listing as approved “compendia” the American Hospital Formulary Service Drug Information, the United States Pharmacopeia–Drug Information (or its successor publications), and the DRUGDEX Information System