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| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-265 | 3d Cir. | N/A | N/A | N/A | N/A | OT 2012 |
Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, serves as co-counsel to the respondents in this case, which is listed without regard to its likelihood of being granted.
Issue: Whether the Third Circuit erred by holding, contrary to the Second, Eleventh, and Federal Circuits, that an agreement settling patent litigation that does not restrict competition outside the scope of the exclusionary right granted by the patent itself may presumptively violate the antitrust laws.
| Date | Proceedings and Orders |
|---|---|
| Aug 29 2012 | Petition for a writ of certiorari filed. (Response due October 1, 2012) |
| Sep 6 2012 | Order extending time to file response to petition to and including October 24, 2012, for all respondents. |
| Sep 24 2012 | Brief amicus curiae of Washington Legal Foundation filed. VIDED. |
| Sep 24 2012 | Brief amicus curiae of New York Intellectual Property Law Association filed. VIDED. |
| Sep 24 2012 | Appendix of amicus New York Intellectual Property Law Association filed. VIDED. |
| Sep 24 2012 | Brief amici curiae of Bayer AG & Bayer Corp. filed. VIDED. |
| Oct 1 2012 | Brief amicus curiae of Generic Pharmaceutical Association filed. |
| Oct 12 2012 | Order extending time to file response to petition to and including November 5, 2012. |
| Oct 31 2012 | Order further extending time to file response to petition to and including November 7, 2012. |
| Nov 7 2012 | Brief of respondents Louisiana Wholesale Drug Company, Inc., et al. in opposition filed. VIDED. |
| Nov 19 2012 | Reply of petitioner Upsher-Smith Laboratories, Inc. filed. (Distributed) |
| Nov 20 2012 | DISTRIBUTED for Conference of December 7, 2012. |
| Jun 17 2013 | DISTRIBUTED for Conference of June 20, 2013. |
| Jun 19 2013 | Supplemental brief of respondents Louisiana Wholesale Drug Company, Inc., et al. filed. VIDED. (Distributed) tbp |
| Jun 24 2013 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of FTC v. Actavis, Inc., 570 U.S. ___ (2013). Justice Alito took no part in the consideration or decision of this petition. |
| Jul 26 2013 | JUDGMENT ISSUED. |
