The petition of the day is:

12-416
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.

Issue: Whether reverse-payment agreements are per se lawful unless the underlying patent litigation was a sham or the patent was obtained by fraud (as the court below held), or instead are presumptively anticompetitive and unlawful (as the Third Circuit has held). (Alito, J., recused)

Posted in FTC v. Actavis, Cases in the Pipeline

Recommended Citation: Ben Cheng, Petition of the day, SCOTUSblog (Dec. 5, 2012, 11:03 PM), http://www.scotusblog.com/2012/12/petition-of-the-day-378/