|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|21-406||5th Cir.||N/A||N/A||N/A||N/A||OT 2021|
Issues: (1) Whether the presence of a “reverse payment” that exceeds a patentee’s saved litigation costs and the value of any services provided by a patent challenger suffices to render a patent settlement unlawful, despite the Supreme Court’s holding to the contrary in Federal Trade Commission v. Actavis, Inc.; and (2) whether courts reviewing antitrust challenges to patent settlements can disregard evidence of the strength of the patents at issue, as the U.S. Court of Appeals for the 5th Circuit held here, or instead whether they must consider what “the patent’s strength would otherwise permit,” as the U.S. Court of Appeals for the 3rd Circuit held in King Drug Co. of Florence v. Smithkline Beecham Corp.
|Date||Proceedings and Orders |
|Sep 10 2021||Petition for a writ of certiorari filed. (Response due October 15, 2021)|
|Oct 05 2021||Motion to extend the time to file a response from October 15, 2021 to November 15, 2021, submitted to The Clerk.|
|Oct 06 2021||Motion to extend the time to file a response is granted and the time is extended to and including November 15, 2021.|
|Oct 15 2021||Brief amicus curiae of Association for Accessible Medicines filed.|
|Nov 15 2021||Brief of respondent Federal Trade Commission in opposition filed.|
|Nov 22 2021||Waiver of the 14-day waiting period under 15.5 filed.|
|Nov 23 2021||DISTRIBUTED for Conference of 12/10/2021.|
|Nov 23 2021||Reply of Impax Laboratories, Inc. not accepted for filing. (November 23, 2021)|
|Nov 23 2021||Reply of petitioner Impax Laboratories, Inc. filed. (Distributed)|
|Dec 13 2021||Petition DENIED.|
Today at SCOTUS: The investiture of Ketanji Brown Jackson, the first Black woman to serve as a justice. Jackson was sworn in over the summer, so the investiture is purely ceremonial. Joe Biden and Kamala Harris reportedly are expected to attend the invite-only event at the court.
JUST IN: The Supreme Court will continue to provide a live audio stream of oral arguments in the new term that begins on Monday. https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-28-22
SCOTUS releases new "circuit justice" lineup, with Jackson taking over the Boston-based 1st Circuit (formerly handled by Breyer). Each justice reviews emergency appeals from the regions covered by his or her circuits. (Controversial cases usually get referred to the full court.)
Today at SCOTUS: The justices meet privately for their annual "long conference" to review cert petitions that have rolled in over the summer. They'll also likely discuss the status of the Dobbs leak investigation and whether to continue live audio of oral arguments this term.
BREAKING: In 5-4 vote, the Supreme Court ALLOWS Alabama to execute Alan Miller, whose lethal injection was scheduled for tonight. In a brief shadow-docket order, SCOTUS lifts a lower court's injunction that had blocked the execution. Barrett joins the three liberals in dissent.
JUST IN: By a 5-4 vote, the Supreme Court DENIES Yeshiva University's emergency request to intervene now in a dispute over whether the university must recognize an LGBTQ student group. Roberts and Kavanaugh join with Sotomayor, Kagan, and Jackson. https://www.supremecourt.gov/opinions/21pdf/22a184_3ea4.pdf