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Federal Trade Commission v. Actavis

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Docket No. Op. Below Argument Opinion Vote Author Term
12-416 11th Cir. Mar 25, 2013 Jun 17, 2013 5-3 Breyer OT 2012

Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, also represented Louisiana Wholesale Drug Company et al. as an amicus in support of the petitioner in this case.

Holding: Governments and private parties may bring lawsuits against brand-name drug manufacturers to challenge the drug companies’ payments to would-be competitors who make generic substitutes to keep the generic substitutes out of the market, but those payments are not presumptively illegal.

Judgment: Reversed, 5-3, in an opinion by Justice Breyer on June 17, 2013. Chief Justice Roberts filed a dissenting opinion in which Justice Scalia and Justice Thomas joined. Justice Alito took no part in the consideration or decision of this case.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 4 2012Petition for a writ of certiorari filed. (Response due November 5, 2012)
Oct 31 2012Order extending time to file response to petition to and including November 13, 2012, for all respondents.
Nov 5 2012Brief amici curiae of New York, et al. filed.
Nov 13 2012Brief of respondent Solvay Pharmaceuticals, Inc. filed.
Nov 13 2012Brief of respondents Par Pharmaceutical Companies, Inc. and Paddock Holdimgs, Inc in opposition filed.
Nov 13 2012Brief of respondent Watson Pharmaceuticals, Inc. filed.
Nov 20 2012DISTRIBUTED for Conference of December 7, 2012.
Nov 21 2012Reply of petitioner Federal Trade Commission filed. (Distributed)
Dec 7 2012Petition GRANTED. Justice Alito took no part in the consideration or decision of this petition.
Dec 20 2012Consent to the filing of amicius curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jan 7 2013SET FOR ARGUMENT ON Monday, March 25, 2013
Jan 10 2013Proposal from counsel for respondent Par Pharmaceutical Companies, Inc. to lodge copies of a letter it filed with the FTC and Dept. of Justice pursuant to the MMA.
Jan 22 2013Motion for leave to file Volume 2 of the joint appendix under seal filed by petitioner Federal Trade Commission.
Jan 22 2013Joint appendix filed. (Volume 1 of 2) (Statement of costs received.)
Jan 22 2013Brief of petitioner Federal Trade Commission filed.
Jan 24 2013Record received from U.S.C.A. for 11th Circuit. (1 envelope).
Jan 28 2013CIRCULATED.
Jan 28 2013Brief amicus curiae of Knowledge Ecology International filed. (Distributed)
Jan 28 2013Brief amicus curiae of Public Patent Foundation filed. (Distributed)
Jan 29 2013Brief amici curiae of Louisiana Wholesale Drug Company, Inc., et al. filed. (Distributed)
Jan 29 2013Brief amicus curiae of America's Health Insurance Plans filed. (Distributed)
Jan 29 2013Brief amici curiae of New York, et al. filed. (Distributed)
Jan 29 2013Brief amici curiae of 118 Law, Economics, and Business Professors, and the American Antitrust Institute filed. (Distributed)
Jan 29 2013Brief amicus curiae of Apotex, Inc. filed. (Distributed)
Jan 29 2013Brief amici curiae of AARP, et al. filed. (Distributed)
Jan 29 2013Brief amicus curiae of Representative Henry A. Waxman filed. (Distributed)
Jan 29 2013Brief amicus curiae of National Association of Chain Drug Stores filed. (Distributed)
Jan 30 2013Motion DISTRIBUTED for Conference of February 15, 2013.
Feb 13 2013Sealed record from U.S.D.C. for Northern District of Atlanta (1 envelope). The remainder of the record is electronic.
Feb 19 2013Motion for leave to file Volume 2 of the joint appendix under seal GRANTED. Justice Alito took no part in the consideration or decision of this motion.
Feb 21 2013Brief of respondent Solvay Pharmaceuticals, Inc. filed. (Distributed)
Feb 21 2013Brief of respondents Par Pharmaceutical Companies, Inc. and Paddock Holdings, Inc filed. (Distributed)
Feb 21 2013Brief of respondent Actavis, Inc. filed. (Distributed)
Feb 27 2013Brief amicus curiae of National Association of Manufacturers filed. (Distributed)
Feb 28 2013Brief amici curiae of Generic Manufacturers Upsher-Smith Laboratories, Inc., et al. filed. (Distributed)
Feb 28 2013Brief amicus curiae of Enavail, LLC filed. (Distributed)
Feb 28 2013Brief amicus curiae of Generic Pharmaceutical Association filed. (Distributed)
Feb 28 2013Brief amici curiae of Bayer AG and Bayer Corp. filed. (Distributed)
Feb 28 2013Brief amicus curiae of Shire PLC filed. (Distributed)
Feb 28 2013Brief amicus curiae of New York Intellectual Property Law Association filed. (Distributed)
Feb 28 2013Brief amicus curiae of Merck & Co., Inc. filed. (Distributed)
Feb 28 2013Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. (Distributed)
Feb 28 2013Motion of Enavail, LLC for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 28 2013Brief amici curiae of Antitrust Economists filed. (Distributed)
Feb 28 2013Brief amici curiae of Law Professors Gregory Dolin, Kent Bernard, et al. filed. (Distributed)
Feb 28 2013Brief amicus curiae of American Intellectual Property Law Association filed. (Distributed)
Feb 28 2013Brief amici curiae of Mediation and Negotiation Professionals filed. (Distributed)
Feb 28 2013Brief amici curiae of David W. Opderbeck and Erik Lillquist filed. (Distributed)
Feb 28 2013Brief amici curiae of Health and Economics Professors filed. (Distributed)
Feb 28 2013Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
Feb 28 2013Brief amicus curiae of Intellectual Property Owners Association filed. (Distributed)
Mar 15 2013Motion of Enavail, LLC for leave to participate in oral argument as amicus curiae and for divided argument DENIED. Justice Alito took no part in the consideration or decision of this motion.
Mar 18 2013Reply of petitioner Federal Trade Commission filed. (Distributed)
Mar 21 2013Motion to Unseal Volume II of the Joint Appendix filed by petitioner Federal Trade Commission. (Distributed)
Mar 21 2013Motion DISTRIBUTED for Conference of March 22, 2013.
Mar 22 2013Letter of March 21, 2013, from counsel for respondent Solvay Pharmaceuticals, Inc. received. (Distributed)
Mar 22 2013Motion to unseal Volume II of the joint appendix GRANTED. Justice Alito took no part in the consideration or decision of this motion.
Mar 25 2013Argued. For petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Jeffrey I. Weinberger, Los Angeles, Cal.
Jun 17 2013Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Scalia and Thomas, JJ., joined. Alito, J., took no part in the consideration or decision of the case.
Jul 19 2013JUDGMENT ISSUED
Jul 24 2013Record returned to U.S.C.A. for 11th Circuit.
Jul 24 2013Record returned to U.S.D.C. for Northern District of Georgia.