Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

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.
 
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