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Impax Laboratories, Inc. v. Federal Trade Commission

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-406 5th Cir. TBD TBD TBD TBD TBD

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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 10 2021Petition for a writ of certiorari filed. (Response due October 15, 2021)
Oct 05 2021Motion to extend the time to file a response from October 15, 2021 to November 15, 2021, submitted to The Clerk.
Oct 06 2021Motion to extend the time to file a response is granted and the time is extended to and including November 15, 2021.
Oct 15 2021Brief amicus curiae of Association for Accessible Medicines filed.