Merck & Co. v. Louisiana Wholesale Drug Company, Inc.

Pending petition

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Docket No. Op. Below Argument Opinion Vote Author Term
12-245 3d Cir. TBD TBD TBD TBD TBD
 
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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.

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