Mutual Pharmaceutical Company, Inc., and United Research Laboratories, Inc., (collectively, “Mutual”) appeal from a summary judgment entered by the United States District Court for the District of New Jersey in favor of Tyco Healthcare Group LP and Mallinckrodt, Inc., (collectively, “Tyco”). In the order on appeal, the district court held that Tyco did not violate the antitrust laws by filing suit against Mutual or by filing a “citizen petition” with the Food and Drug Administration (“FDA”) seeking to bar Mutual from obtaining FDA permission to market its generic version of one of Tyco’s drugs. We affirm in part, vacate in part, and remand.
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