Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, also represented Louisiana Wholesale Drug Company et al. as an amicus in support of the petitioner in this case.
Holding: Governments and private parties may bring lawsuits against brand-name drug manufacturers to challenge the drug companies’ payments to would-be competitors who make generic substitutes to keep the generic substitutes out of the market, but those payments are not presumptively illegal.
Judgment: Reversed, 5-3, in an opinion by Justice Breyer on June 17, 2013. Chief Justice Roberts filed a dissenting opinion in which Justice Scalia and Justice Thomas joined. Justice Alito took no part in the consideration or decision of this case.
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