Merck & Co. v. Louisiana Wholesale Drug Company, Inc.Petition granted, judgment vacated and case remanded for further consideration in light of FTC v. Actavis on June 24, 2013
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|12-245||3d Cir.||N/A||N/A||N/A||N/A||OT 2012|
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.
Plain English Summary:
- Petitions of the day (Ben Cheng)