Editor's Note :

At 9:30 a.m. on Monday, May 20 we expect orders from the May 16 Conference. We expect opinions in argued cases at 10 a.m. We will begin live blogging shortly before 9:30.

Upsher-Smith Laboratories, Inc. v. Louisiana Wholesale Drug Company, Inc.

Pending petition

Linked with:

Docket No. Op. Below Argument Opinion Vote Author Term
12-265 3d Cir. TBD TBD TBD TBD TBD
 

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 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.

SCOTUSblog Coverage

DateProceedings and Orders
Aug 29 2012Petition for a writ of certiorari filed. (Response due October 1, 2012)
Sep 6 2012Order extending time to file response to petition to and including October 24, 2012, for all respondents.
Sep 24 2012Brief amicus curiae of Washington Legal Foundation filed. VIDED.
Sep 24 2012Brief amicus curiae of New York Intellectual Property Law Association filed. VIDED.
Sep 24 2012Appendix of amicus New York Intellectual Property Law Association filed. VIDED.
Sep 24 2012Brief amici curiae of Bayer AG & Bayer Corp. filed. VIDED.
Oct 1 2012Brief amicus curiae of Generic Pharmaceutical Association filed.
Oct 12 2012Order extending time to file response to petition to and including November 5, 2012.
Oct 31 2012Order further extending time to file response to petition to and including November 7, 2012.
Nov 7 2012Brief of respondents Louisiana Wholesale Drug Company, Inc., et al. in opposition filed. VIDED.
Nov 19 2012Reply of petitioner Upsher-Smith Laboratories, Inc. filed. (Distributed)
Nov 20 2012DISTRIBUTED for Conference of December 7, 2012.