Breaking News :

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

Pending petition

Linked with:

Docket No. Op. Below Argument Opinion Vote Author Term
12-245 3d Cir. TBD TBD TBD TBD TBD

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
Aug 24 2012Petition for a writ of certiorari filed. (Response due September 24, 2012)
Sep 6 2012Order extending time to file response to petition to and including October 24, 2012, for all respondents.
Sep 10 2012Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioner.
Sep 24 2012Brief amicus curiae of Pharmaceutical Research and Manufacturers of America (PhRMA) filed.
Sep 24 2012Brief amicus curiae of Washington Legal Foundation filed. VIDED.
Sep 24 2012Brief amicus curiae of New York Intellectual Property Law Association filed. VIDED.
Sep 24 2012Appendix of amicus New York Intellectual Property Law Association filed. VIDED.
Sep 24 2012Brief amici curiae of Bayer AG & Bayer Corp. filed. VIDED.
Oct 12 2012Order further extending time to file response to petition to and including November 5, 2012.
Oct 31 2012Order further extending time to file response to petition to and including November 7, 2012.
Nov 7 2012Brief of respondents Louisiana Wholesale Drug Company, Inc., et al. in opposition filed. VIDED.
Nov 20 2012DISTRIBUTED for Conference of December 7, 2012.
Nov 20 2012Reply of petitioner Merck & Co., Inc. filed. (Distributed)
Jun 17 2013DISTRIBUTED for Conference of June 20, 2013.
Jun 18 2013Supplemental brief of petitioner Merck & Co., Inc. filed. (Distributed)
Jun 19 2013Supplemental brief of respondents Louisiana Wholesale Drug Company, Inc., et al. filed. VIDED. (Distributed)
Jun 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.
Jul 26 2013JUDGMENT ISSUED.
 
Share:
  • Featured Posts

  • Merits Case Pages and Archives

Term Snapshot
  • Videos see all

    Capture

    On Monday afternoon Justices Anthony Kennedy and Stephen Breyer testified before the House Appropriations Committee. The purpose of the hearing was to discuss the Court’s budget for the next fiscal year and the federal judiciary, but the legislators also took full advantage of the occasion to touch on other topics as well.

Awards
  • Peabody Award

    Peabody Award

    Awarded the Peabody Award for excellence in electronic media.

  • Sigma Delta Chi

    Sigma Delta Chi

    Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.

  • National Press Club Award

    National Press Club Award

    Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.

  • Silver Gavel Award

    Silver Gavel Award

    Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.

  • American Gavel Award

    American Gavel Award

    Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.

  • Webby Award

    Webby Award

    Awarded the Webby Award for excellence on the internet.

  • Email Digest Sign-Up


  • Subscriptions



    RSS


    Twitter: Blog Staff Tweets


    Twitter: Each Blog Post, Tweeted