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Installing Microsoft Office Error 1713 Microsoft' title='Installing Microsoft Office Error 1713 Microsoft' />WL 8. F. Cir. 2. 01. 7, the First Circuit held that the Noerr Pennington doctrine does not immunize alleged misrepresentations by Sandoz Inc. Momenta Pharmaceuticals, Inc. United States Pharmacopeial Convention USP, a non governmental standard setting organization charged with ensuring the quality of drugs. Id. Amphastar alleged that the defendants, in violation of a duty imposed by the USP, knowingly failed to disclose to the standard setting body that a proposed method for testing generic enoxaparin might be covered by Momentas pending patent application. Id. Amphastar also alleged that the USP, in reliance on the defendants misrepresentations, adopted the method, and the Food and Drug Administration FDA required Amphastar to comply with it. Id. The defendants claimed that Momenta opposed the adoption of the method. See Brief for Defendants Appellees at 7 8 4. They also argued that the complaint does not include an allegation that Momenta agreed not to enforce its patent, id. Momenta made no commitment to the USP to license its technology, and did not agree to waive enforcement of its valid patent rights. See id. According to Amphastar, these arguments were based on documents of which the district court took judicial notice in connection with the defendants motion to dismiss. Accordingly, Amphastar contended, it was improper for the court of appeals to consider the facts contained in the documents for their truth. Reply Brief for Plaintiffs Appellants at 1. Following adoption of the standard, the defendants sued Amphastar for infringement of United States Patent No. WL 8. 76. 26. 0 at 1. The preliminary injunction was ultimately vacated, but it prevented Amphastar from selling generic enoxaparin for approximately three months. Id. Sandoz and Momenta previously entered into a collaboration agreement that granted Sandoz an exclusive license to the then unissued 8. The collaboration agreement created heavy incentives to ensure that Sandoz remained the sole provider of generic enoxaparin, including milestone and profit share payments to Momenta. Id. Remaining the only generic entrant would allow Sandoz to price enoxaparin at close to brand levels. Id. Amphastar alleged that the defendants violated Section 2 of the Sherman Act by failing to disclose Momentas pending patent application while the USP was considering  standards for enoxaparin, including a testing method to determine whether the relevant criteria have been met. Id., at. The USP eventually adopted a testing standard known as Method lt 2. Id. The First Circuit noted that federal law requires that pharmaceutical products comply with applicable USP standards. See 2. 1 U. S. C. FDA bulletin cited by the defendants provides that while Method lt 2. Anhydro Derivative, manufacturers are always permitted to use alternative tests. See Brief for Defendants Appellees at 7 8. See also id. In the related patent litigation, the Solicitor General confirmed that FDA does not, in fact, require defendants to use Momentas patented invention to meet the USP standard. See id. During colloquy in oral argument before the Federal Circuit, Amphastars counsel conceded that Method lt 2. See id. at 9 1. 0 4. Momenta claims that it uses a different method. See id. See also id. USP bulletin announcing Method lt 2. While General Chapter lt 2. Anhydro Derivative, manufacturers are always permitted to use alternative tests in accordance with Section 6. USP General Notices in USP 3. NF 2. 7, Alternative and Harmonized Methods and Procedures. The First Circuit stated that the USP has a policy requiring all members and participants in the standard setting process to disclose any potential conflicts of interest, including intellectual property rights. Id. An interrogatory answer provided by Amphastar in the patent case, asserted, however, that Sponsor held intellectual property rights must be disclosed, see Brief for Defendants Appellees at 4. Momentas arguments regarding the position it took during the standard setting process are resolved. Consistent with usual SSO procedures, the USP staff typically reviews these conflict of interest policies at the beginning of panel meetings. WL 8. 76. 26. 0 at. Momenta was represented on the USP enoxaparin panels by an employee who was later named as an inventor on the 8. Sandoz was also a participant in the panel discussions. Id. The defendants did not disclose the application that resulted in the 8. USP standard setting process. The 8. 86 patent was issued in August 2. USP approved and adopted Method lt 2. December 2. 00. 9, making Method lt 2. FDA required of Amphastar to test its enoxaparin  in order to obtain and maintain its generic enoxaparin  approval. Id. Sandoz was first to receive FDA approval to sell generic enoxaparin,  in July 2. Vmware Remote Console Plugin Windows 7 more. Id. Two days after Amphastar received approval to sell generic enoxaparin in September 2. Id. In October 2. TRO and a preliminary injunction. Id.  The injunction was stayed, and then vacated by the Federal Circuit in January 2. Games Psp Memory Card. Id.  See Momenta Pharm., Inc. Amphastar Pharm., Inc., 6. F. 3d 1. 34. 8, 1. Fed. Cir. 2. 01. 2. The district court dismissed Amphastars complaint on the basis of the Noerr Pennington  doctrine. Id. The injuries claimed by Amphastar resulted from the injunction, and arise from the FDAs purported adoption of the 2. Method, and Amphastars claims were therefore barred by Noerr Pennington. Id. The district court rejected Amphastars argument that misrepresentations to the USP deprived the defendants of Noerr Penington immunity. Id. The defendants argued on appeal that the Noerr Pennington doctrine defeated Amphastars claim because the only harm alleged by Amphastar was based on the filing of the patent infringement lawsuit. See Brief for Defendants Appellees at 1. They argued that the case presented a question governed by Federal Circuit law under Nobelpharma AB v. Implant Innovations, Inc., 1. F. 3d 1. 05. 9, 1. Fed. Cir. 1. 99. 8 en banc, which asserts that Federal Circuit law applies to all antitrust claims premised on the bringing of a patent infringement suit. While the defendants argued that the Noerr Pennington doctrine protected the petitioning activity involved in the infringement lawsuit, they expressly declined to take the position that Noerr Pennington separately immunizes their conduct before the USP. Id. See also Brief for Defendants Appellees at 3. Defendants do not contend that allor even anypetitioning to an SSO is per se beyond the reach of the antitrust laws. The defendants also did not rely on the FDAs alleged adoption of Method 2. WL 8. 76. 26. 0 at. Although the district court may have based its decision in the defendants favor, in part, on the role of the FDA, the defendants did not present a theory based on the involvement of the FDA in the district court, and did not point to any direct petitioning activity before the FDA on appeal.