3rd Circuit Keeps Jurisdiction Over Walker Process Claim In Antitrust Action

(April 17, 2017, 1:24 PM EDT) -- PHILADELPHIA — Allegations by myriad plaintiffs that the companies that hold patents for the brand name drugs Lipitor and Effexor XR engaged in fraudulent patent procurement — known as Walker Process fraud pursuant to Walker Process Equip., Inc. v. Food Mach. & Chem. Corp., 382 U.S. 172 (1965) — do not arise under federal patent law, such that an appeal in the case must necessarily proceed in the Federal Circuit U.S. Court of Appeals, the Third Circuit U.S. Court of Appeals ruled April 13 (In re:  Lipitor Antitrust Litigation, Nos. 14-4202, -4203, -4204, -4205, -4206, -4602, -4632, 15-1184, -1185, -1186, -1187, -1274, -1323 and 15-134, 3rd Cir., 2017 U.S. App. LEXIS 6346)....

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