Upsher-Smith Laboratories, Inc. v. Louisiana Wholesale Drug Company, Inc.

Pending petition

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Docket No. Op. Below Argument Opinion Vote Author Term
12-265 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 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.

SCOTUSblog Coverage

DateProceedings and Orders
Aug 29 2012Petition for a writ of certiorari filed. (Response due October 1, 2012)
Sep 6 2012Order extending time to file response to petition to and including October 24, 2012, for all respondents.
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 1 2012Brief amicus curiae of Generic Pharmaceutical Association filed.
Oct 12 2012Order 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 19 2012Reply of petitioner Upsher-Smith Laboratories, Inc. filed. (Distributed)
Nov 20 2012DISTRIBUTED for Conference of December 7, 2012.
Jun 17 2013DISTRIBUTED for Conference of June 20, 2013.
Jun 19 2013Supplemental brief of respondents Louisiana Wholesale Drug Company, Inc., et al. filed. VIDED. (Distributed) tbp
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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