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SmithKline Beecham Corp. v. King Drug Co. of Florence, Inc.

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Petition for certiorari denied on November 7, 2016
Docket No. Op. Below Argument Opinion Vote Author Term
15-1055 3d Cir. N/A N/A N/A N/A OT 2016

Issue: Whether the Third Circuit’s sweeping holding that a patentee’s grant of an exclusive license must undergo antitrust scrutiny by courts and juries - even though such a license is specifically permitted under the patent laws - is inconsistent with this Court’s decision in FTC v. Actavis and decades of this Court’s earlier precedents. CVSG: 10/03/2016.

DateProceedings and Orders (key to color coding)
Dec 4 2015Application (15A603) to extend the time to file a petition for a writ of certiorari from December 22, 2015 to February 20, 2016, submitted to Justice Alito.
Dec 9 2015Application (15A603) granted by Justice Alito extending the time to file until January 21, 2016.
Dec 17 2015Application (15A603) to extend further the time from January 21, 2016 to February 20, 2016, submitted to Justice Alito.
Dec 22 2015Application (15A603) granted by Justice Alito extending the time to file until February 20, 2016.
Feb 19 2016Petition for a writ of certiorari filed. (Response due March 23, 2016)
Feb 22 2016Waiver of right of respondents King Drug Company of Florence, Inc., et al. to respond filed.
Feb 24 2016DISTRIBUTED for Conference of March 18, 2016.
Mar 2 2016Response Requested . (Due April 1, 2016)
Mar 11 2016Order extending time to file response to petition to and including May 2, 2016.
Mar 31 2016Brief amicus curiae of National Association of Manufacturers filed.
Apr 1 2016Brief amicus curiae of Generic Pharmaceutical Association filed.
Apr 1 2016Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
Apr 1 2016Brief amici curiae of Washington Legal Foundation, et al. filed.
Apr 1 2016Brief amicus curiae of Allergan PLC filed.
May 2 2016Brief of respondents King Drug Company of Florence, Inc., et al. in opposition filed.
May 16 2016Reply of petitioners SmithKline Beecham Corporation, dba GlaxoSmithKline, et al. filed.
May 17 2016DISTRIBUTED for Conference of June 2, 2016.
Jun 6 2016The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Oct 3 2016Brief amicus curiae of United States filed.
Oct 19 2016DISTRIBUTED for Conference of November 4, 2016.
Oct 19 2016Supplemental brief of petitioners SmithKline Beecham Corporation, dba GlaxoSmithKline, et al. filed. (Distributed)
Nov 7 2016Petition DENIED.