Market Definition for Patented Products: The Second Circuit Reinstates Regeneron v. Novartis

The Second Circuit U.S. Court of Appeals has reinstated an antitrust complaint brought by pharma firm, Regeneron Pharmaceuticals, Inc., against the Swiss pharmaceutical giant, Novartis Pharma AG, and outside fulfillment firm, Vetter Pharma International GmbH. The appeals court held that it was error for the district court to reject Regeneron’s antitrust claims. The district court should have credited the plaintiff’s product market definition and the complaint should not have been dismissed, the Second Circuit decided.