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Merck & Co. v. Louisiana Wholesale Drug Company, Inc.

Petition granted, judgment vacated and case remanded for further consideration in light of FTC v. Actavis on June 24, 2013

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Docket No. Op. Below Argument Opinion Vote Author Term
12-245 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 federal antitrust laws permit a brand-name manufacturer that holds the patent for a drug to enter into a settlement of patent litigation with a prospective generic manufacturer, where the settlement includes a payment from the brand manufacturer to the generic manufacturer but does not exclude competition beyond the scope of the patent.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
08/24/2012Petition for a writ of certiorari filed. (Response due September 24, 2012)
09/06/2012Order extending time to file response to petition to and including October 24, 2012, for all respondents.
09/10/2012Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioner.
09/24/2012Brief amicus curiae of Pharmaceutical Research and Manufacturers of America (PhRMA) filed.
09/24/2012Brief amicus curiae of Washington Legal Foundation filed. VIDED.
09/24/2012Brief amicus curiae of New York Intellectual Property Law Association filed. VIDED.
09/24/2012Appendix of amicus New York Intellectual Property Law Association filed. VIDED.
09/24/2012Brief amici curiae of Bayer AG & Bayer Corp. filed. VIDED.
10/12/2012Order further extending time to file response to petition to and including November 5, 2012.
10/31/2012Order further extending time to file response to petition to and including November 7, 2012.
11/07/2012Brief of respondents Louisiana Wholesale Drug Company, Inc., et al. in opposition filed. VIDED.
11/20/2012DISTRIBUTED for Conference of December 7, 2012.
11/20/2012Reply of petitioner Merck & Co., Inc. filed. (Distributed)
06/17/2013DISTRIBUTED for Conference of June 20, 2013.
06/18/2013Supplemental brief of petitioner Merck & Co., Inc. filed. (Distributed)
06/19/2013Supplemental brief of respondents Louisiana Wholesale Drug Company, Inc., et al. filed. VIDED. (Distributed)
06/24/2013Petition 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.
07/26/2013JUDGMENT ISSUED.

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