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1. Meijer, Inc. v. Ferring B.V. (In re DDAVP Direct Purchaser Antitrust Litig.), Docket No. 06-5525-cv, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, September 15, 2008, Argued, October 16, 2009, Decided
OVERVIEW: U.S. Court of Appeals for the Federal Circuit did not have exclusive jurisdiction under 28 U.S.C.S. §§ 1295(a)(1) and 1338(a) over an appeal of the dismissal of an antitrust suit against a patentee and a licensee, as an allegation that the patentee filed a sham FDA citizen petition did not turn on a substantial question of patent law.
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