Hospital Authority of Metropolitan Government v. Momenta Pharmaceuticals, Inc.
Plaintiff, a metropolitan hospital authority, sued Momenta Pharmaceuticals, Inc. and other defendants for antitrust violations under the Sherman Act. Plaintiff alleged that Defendants conspired to manipulate the United States Pharmacopeial Convention (USP) process to secure a monopoly for generic enoxaparin, leading to inflated prices. The Court reviewed the Magistrate Judge's Report and Recommendation, overruling objections regarding venue and the Noerr-Pennington doctrine. However, the Court sustained an objection regarding the indirect purchaser rule, dismissing Plaintiff's claims for damages as the 'cost-plus' exception did not apply due to the lack of a fixed-quantity contract. Claims for declaratory and injunctive relief, however, were allowed to proceed.