Third Circuit Court of Appeals Holds Mutual Release Bars Generic Drug Company's Antitrust Claim

摘要

Perrigo's claim accrued when Patentees initiated the patent infringement suit, which was before the date of the settlement agreement, and thus, the release in the agreement barred the antitrust claim. If a generic drug company believes that a patent infringement suit has wrongfully caused a delay in its product launch and that the litigation is meridess, it should consider specifically carving out an exception in the settlement agreement.