In an opinion today, Judge Marrero dismissed an action brought on behalf of a class of generic drug manufacturers against Shire, the manufacturer and patent-holder of Adderall, the popular drug used in the treatment of attention deficit hyperactivity disorder (ADHD).  The generics claimed that after a settlement between Shire and two other generic drug manufacturers that preserved Shire’s market dominance in Adderall, Shire breached the Sherman Act by failing to meet the terms of requirement contracts with two generic distributors, preferring instead to keep the supply of Adderall artificially low and the price artificially high.  Judge Marrero dismissed the claim because Shire was acting within the boundaries of its Adderall patents, which operate as a lawful monopoly.  Moreover, the settlement between Shire and the other generics did not violate the antitrust laws under Second Circuit case law, which recognizes that “although patent and antitrust law stand in tension with one another, the Sherman Act does not preclude the settlement of patent claims.”