Upsher-Smith Laboratories, Inc. v. Louisiana Wholesale Drug Company, Inc.Petition granted, judgment vacated and case remanded for further consideration in light of FTC v. Actavis, Inc. on June 24, 2013
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|12-265||3d Cir.||N/A||N/A||N/A||N/A||OT 2012|
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 Third Circuit erred by holding, contrary to the Second, Eleventh, and Federal Circuits, that an agreement settling patent litigation that does not restrict competition outside the scope of the exclusionary right granted by the patent itself may presumptively violate the antitrust laws.
Plain English Summary:
- Petitions of the day (Ben Cheng)