Federal Trade Commission v. Actavis
| 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
- Commentary: Subjecting reverse payments in patent cases to antitrust scrutiny: Sounds like a good idea, but can it work? (Alan Morrison, July 25, 2013)
- Actavis and large and unjustified payments (Michael Carrier, July 25, 2013)
- Details: FTC v. Actavis (Kali Borkoski, June 17, 2013)
- Opinion recap: "Pay to delay" in deep trouble (Lyle Denniston, June 17, 2013)
- Argument recap: No easy rule on drug "pay for delay"? (Lyle Denniston, March 25, 2013)
- Argument preview: Is "pay for delay" of drugs illegal? (Lyle Denniston, March 22, 2013)
- Petition of the day (Ben Cheng, December 6, 2012)
| Date | Proceedings and Orders |
|---|---|
| 10/04/2012 | Petition for a writ of certiorari filed. (Response due November 5, 2012) |
| 10/31/2012 | Order extending time to file response to petition to and including November 13, 2012, for all respondents. |
| 11/05/2012 | Brief amici curiae of New York, et al. filed. |
| 11/13/2012 | Brief of respondent Solvay Pharmaceuticals, Inc. filed. |
| 11/13/2012 | Brief of respondents Par Pharmaceutical Companies, Inc. and Paddock Holdimgs, Inc in opposition filed. |
| 11/13/2012 | Brief of respondent Watson Pharmaceuticals, Inc. filed. |
| 11/20/2012 | DISTRIBUTED for Conference of December 7, 2012. |
| 11/21/2012 | Reply of petitioner Federal Trade Commission filed. (Distributed) |
| 12/07/2012 | Petition GRANTED. Justice Alito took no part in the consideration or decision of this petition. |
| 12/20/2012 | Consent to the filing of amicius curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 01/07/2013 | SET FOR ARGUMENT ON Monday, March 25, 2013 |
| 01/10/2013 | Proposal 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. |
| 01/22/2013 | Motion for leave to file Volume 2 of the joint appendix under seal filed by petitioner Federal Trade Commission. |
| 01/22/2013 | Joint appendix filed. (Volume 1 of 2) (Statement of costs received.) |
| 01/22/2013 | Brief of petitioner Federal Trade Commission filed. |
| 01/24/2013 | Record received from U.S.C.A. for 11th Circuit. (1 envelope). |
| 01/28/2013 | CIRCULATED. |
| 01/28/2013 | Brief amicus curiae of Knowledge Ecology International filed. (Distributed) |
| 01/28/2013 | Brief amicus curiae of Public Patent Foundation filed. (Distributed) |
| 01/29/2013 | Brief amici curiae of Louisiana Wholesale Drug Company, Inc., et al. filed. (Distributed) |
| 01/29/2013 | Brief amicus curiae of America's Health Insurance Plans filed. (Distributed) |
| 01/29/2013 | Brief amici curiae of New York, et al. filed. (Distributed) |
| 01/29/2013 | Brief amici curiae of 118 Law, Economics, and Business Professors, and the American Antitrust Institute filed. (Distributed) |
| 01/29/2013 | Brief amicus curiae of Apotex, Inc. filed. (Distributed) |
| 01/29/2013 | Brief amici curiae of AARP, et al. filed. (Distributed) |
| 01/29/2013 | Brief amicus curiae of Representative Henry A. Waxman filed. (Distributed) |
| 01/29/2013 | Brief amicus curiae of National Association of Chain Drug Stores filed. (Distributed) |
| 01/30/2013 | Motion DISTRIBUTED for Conference of February 15, 2013. |
| 02/13/2013 | Sealed record from U.S.D.C. for Northern District of Atlanta (1 envelope). The remainder of the record is electronic. |
| 02/19/2013 | Motion 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. |
| 02/21/2013 | Brief of respondent Solvay Pharmaceuticals, Inc. filed. (Distributed) |
| 02/21/2013 | Brief of respondents Par Pharmaceutical Companies, Inc. and Paddock Holdings, Inc filed. (Distributed) |
| 02/21/2013 | Brief of respondent Actavis, Inc. filed. (Distributed) |
| 02/27/2013 | Brief amicus curiae of National Association of Manufacturers filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of Generic Manufacturers Upsher-Smith Laboratories, Inc., et al. filed. (Distributed) |
| 02/28/2013 | Brief amicus curiae of Enavail, LLC filed. (Distributed) |
| 02/28/2013 | Brief amicus curiae of Generic Pharmaceutical Association filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of Bayer AG and Bayer Corp. filed. (Distributed) |
| 02/28/2013 | Brief amicus curiae of Shire PLC filed. (Distributed) |
| 02/28/2013 | Brief amicus curiae of New York Intellectual Property Law Association filed. (Distributed) |
| 02/28/2013 | Brief amicus curiae of Merck & Co., Inc. filed. (Distributed) |
| 02/28/2013 | Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. (Distributed) |
| 02/28/2013 | Motion of Enavail, LLC for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 02/28/2013 | Brief amici curiae of Antitrust Economists filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of Law Professors Gregory Dolin, Kent Bernard, et al. filed. (Distributed) |
| 02/28/2013 | Brief amicus curiae of American Intellectual Property Law Association filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of Mediation and Negotiation Professionals filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of David W. Opderbeck and Erik Lillquist filed. (Distributed) |
| 02/28/2013 | Brief amici curiae of Health and Economics Professors filed. (Distributed) |
| 02/28/2013 | Brief amicus curiae of Washington Legal Foundation filed. (Distributed) |
| 02/28/2013 | Brief amicus curiae of Intellectual Property Owners Association filed. (Distributed) |
| 03/15/2013 | Motion 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. |
| 03/18/2013 | Reply of petitioner Federal Trade Commission filed. (Distributed) |
| 03/21/2013 | Motion to Unseal Volume II of the Joint Appendix filed by petitioner Federal Trade Commission. (Distributed) |
| 03/21/2013 | Motion DISTRIBUTED for Conference of March 22, 2013. |
| 03/22/2013 | Letter of March 21, 2013, from counsel for respondent Solvay Pharmaceuticals, Inc. received. (Distributed) |
| 03/22/2013 | Motion to unseal Volume II of the joint appendix GRANTED. Justice Alito took no part in the consideration or decision of this motion. |
| 03/25/2013 | Argued. For petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Jeffrey I. Weinberger, Los Angeles, Cal. |
| 06/17/2013 | Judgment 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. |
| 07/19/2013 | JUDGMENT ISSUED |
| 07/24/2013 | Record returned to U.S.C.A. for 11th Circuit. |
| 07/24/2013 | Record returned to U.S.D.C. for Northern District of Georgia. |
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.