Terazosin Hydrochloride (Hytrin): US court of appeal for 9th Circuit revived antitrust case

The U.S. Court of Appeals for the Ninth Circuit has revived the long-standing antitrust case over the Terazosin Hydrochloride (Hytrin) settlement, remanding a portion of the suit for further proceedings after a decade of litigation over the hypertension drug.
Plantiff-appellent Kaiser Foundation sued innovator Abbot and generic player Geneva for violation of the Sherman antitrust act and analogus provision of California law. Plaintiff Kaiser brought a claim under section one (Restraint of trade claim) of the Sherman Act against both Abbot and Geneva, and a claim under section two (monopolization) against Abbot. A multidistrict litigation Federal district court in Florida allowed Kaiser’s Section one claim to go to trial. The suit transferred to a federal district court in California for trial on that claim. The Jury returned a verdict against Kaiser. The district court in Florida granted summary Judgment against Kaiser on its section two claim.
The US court of appeal for 9th Circuit affirmed judgment entered on the Jury’s verdict on Kaiser’s section one claim. However, court reversed summary Judgment on Kaiser’s section two claim and remand for further proceedings.
The major issue was w.r.t polymorph patents of innovator abbot on Form IV of Terazosin hydrochloride, which was later found to be invalid. The Plantiff-appellent Kaiser alleged antitrust claims against generic player Geneva and innovator Abbot.

Opinion of Court