Warren General Hospital v. Amgen Inc., No. 10-2778; Third Circuit; opinion by Fuentes, U.S.C.J.; filed June 14, 2011. Before Judges Fuentes, Chagares and Pollak, District Judge, sitting by designation. On appeal from the District of New Jersey. [Sat below: Judge Chesler.] DDS No. 59-8-xxxx [39 pp.]
Plaintiff Warren General Hospital is a not-for-profit corporation that seeks to represent members of a proposed class, composed of other hospitals, clinics, and care centers, that purchase drugs manufactured by defendant Amgen Inc. Amgen is a corporation that manufactures and sells pharmaceutical drugs. Warren General filed an antitrust class action in the District of New Jersey alleging that Amgen violated antitrust law by “tying” the purchase of two of its drugs, Neupogen and Neulasta, to the sale of another Amgen drug, Aranesp.
