Petitions of the day
The petitions of the day are:
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.
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.
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/