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AbbVie Inc. v. Federal Trade Commission

Petition for certiorari denied on June 21, 2021. Justice Alito took no part in the consideration or decision of this petition.

Docket No. Op. Below Argument Opinion Vote Author Term
20-1293 3rd Cir. N/A N/A N/A N/A OT 2020

Issue: Whether the subjective element of the "sham litigation" exception to Noerr-Pennington immunity may be met by an inference from a finding that a challenged lawsuit was objectively baseless, even without evidence that the antitrust defendant actually believed the suit lacked merit or was indifferent to the outcome.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
03/18/2021Petition for a writ of certiorari filed. (Response due April 19, 2021)
04/15/2021Motion to extend the time to file a response from April 19, 2021 to May 19, 2021, submitted to The Clerk.
04/16/2021Motion to extend the time to file a response is granted and the time is extended to and including May 19, 2021.
04/19/2021Brief amicus curiae of Chamber of Commerce of the United States of America filed.
04/19/2021Brief amici curiae of Law Professors filed.
04/19/2021Brief amici curiae of Pharmaceutical Research and Manufacturers of America and Biotechnology Innovation Organization filed.
05/19/2021Brief of respondent United States in opposition filed.
05/28/2021Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
06/01/2021DISTRIBUTED for Conference of 6/17/2021.
06/01/2021Reply of petitioners AbbVie Inc., Abbott Laboratories, Unimed Pharmaceuticals LLC, and Besins Healthcare, Inc. filed. (Distributed)
06/21/2021Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.