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, 2013Linked with:
| 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.
SCOTUSblog Coverage
- Petitions of the day (Ben Cheng, December 6, 2012)
| Date | Proceedings and Orders |
|---|---|
| Aug 24 2012 | Petition for a writ of certiorari filed. (Response due September 24, 2012) |
| Sep 6 2012 | Order extending time to file response to petition to and including October 24, 2012, for all respondents. |
| Sep 10 2012 | Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioner. |
| Sep 24 2012 | Brief amicus curiae of Pharmaceutical Research and Manufacturers of America (PhRMA) filed. |
| Sep 24 2012 | Brief amicus curiae of Washington Legal Foundation filed. VIDED. |
| Sep 24 2012 | Brief amicus curiae of New York Intellectual Property Law Association filed. VIDED. |
| Sep 24 2012 | Appendix of amicus New York Intellectual Property Law Association filed. VIDED. |
| Sep 24 2012 | Brief amici curiae of Bayer AG & Bayer Corp. filed. VIDED. |
| Oct 12 2012 | Order further extending time to file response to petition to and including November 5, 2012. |
| Oct 31 2012 | Order further extending time to file response to petition to and including November 7, 2012. |
| Nov 7 2012 | Brief of respondents Louisiana Wholesale Drug Company, Inc., et al. in opposition filed. VIDED. |
| Nov 20 2012 | DISTRIBUTED for Conference of December 7, 2012. |
| Nov 20 2012 | Reply of petitioner Merck & Co., Inc. filed. (Distributed) |
| Jun 17 2013 | DISTRIBUTED for Conference of June 20, 2013. |
| Jun 18 2013 | Supplemental brief of petitioner Merck & Co., Inc. filed. (Distributed) |
| Jun 19 2013 | Supplemental brief of respondents Louisiana Wholesale Drug Company, Inc., et al. filed. VIDED. (Distributed) |
| Jun 24 2013 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of FTC v. Actavis, Inc., 570 U.S. ___ (2013). Justice Alito took no part in the consideration or decision of this petition. |
| Jul 26 2013 | JUDGMENT ISSUED. |
