On March 5, 2013, U.S.D.J. Victor Marrero issued a decision in Louisiana Wholesale Drug Company, Inc. v. Shire LLC, 12 Civ. 3711 (S.D.N.Y. Mar. 6, 2013), dismissing the action for failure to state a monopolization claim under § 2 of the Sherman Act, 15 U.S.C. § 2. In so doing, the Court noted that “This dispute sits at the intersection of patent law, pharmaceutical regulation, and antitrust law, with principles of contract law thrown in for good measure”.