Ben Cheng Petitions to Watch

Posted Thu, December 6th, 2012 11:04 pm

Petitions of the day

The petitions of the day are:

Merck & Co. v. Louisiana Wholesale Drug Company, Inc.
12-245
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.

Upsher-Smith Laboratories, Inc. v. Louisiana Wholesale Drug Company, Inc.
12-265
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.

Posted in Merck & Co. v. Louisiana Wholesale Drug Company, Upsher-Smith Laboratories v. Louisiana Wholesale Drug Company, Cases in the Pipeline

Recommended Citation: Ben Cheng, Petitions of the day, SCOTUSblog (Dec. 6, 2012, 11:04 PM), http://www.scotusblog.com/2012/12/petitions-of-the-day-13/