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AbbVie Inc. v. Federal Trade Commission

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
20-1293 3rd Cir. TBD TBD TBD TBD TBD

Issue: Whether the subjective element of the “sham litigation” exception to Noerr-Pennington immunity may be met by an inference from a finding that a challenged lawsuit was objectively baseless, even without evidence that the antitrust defendant actually believed the suit lacked merit or was indifferent to the outcome.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 18 2021Petition for a writ of certiorari filed. (Response due April 19, 2021)