Editor's Note :

Editor's Note :

There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29. We will begin live-blogging at this link at 9:45 a.m.
On Tuesday the court hears oral argument in Lee v. United States. Amy Howe has our preview.

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

Petition granted, judgment vacated and case remanded for further consideration in light of FTC v. Actavis on June 24, 2013

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Docket No. Op. Below Argument Opinion Vote Author Term
12-245 3d Cir. N/A N/A N/A N/A OT 2012
 
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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.

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Certiorari-stage documents

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