Sandoz Inc v. United Therapeutics Corporation
Split Score
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Case Summary
Disposition
Reversed in Part
The Third Circuit reviewed cross-appeals in a dispute between United Therapeutics and generic manufacturer Sandoz (with RareGen) arising out of restrictions on cartridges used to administer treprostinil. The court reversed summary judgment for Sandoz on its breach-of-contract claim, remanded the tortious-interference claim for separate consideration, affirmed dismissal of the federal antitrust and unfair-trade-practice claims, and upheld admission of Sandoz’s damages expert, thereby vacating the damages award and remanding for further proceedings.
Circuit Split Identified
Legal Issue
Whether, under Federal Rule of Appellate Procedure 28(i), a party that adopts sections of a co-party’s appellate brief must count those adopted words toward the word-limit set by Rule 28.1(e).
Circuit Positions
Adoption by reference does NOT count toward Rule 28.1(e) word limits.
Adoption by reference DOES count toward Rule 28.1(e) word limits.
Conflict Summary
The Federal Circuit has held that incorporations by reference under Rule 28(i) count toward the word limit, whereas the Eighth and Tenth Circuits have held the opposite, concluding that the word-limit is not implicated because the court must in any event read the adopted brief. In this opinion, the Third Circuit expressly joins the Eighth and Tenth Circuits and rejects the Federal Circuit’s approach.