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

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)
12/04/2015Application (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.
12/09/2015Application (15A603) granted by Justice Alito extending the time to file until January 21, 2016.
12/17/2015Application (15A603) to extend further the time from January 21, 2016 to February 20, 2016, submitted to Justice Alito.
12/22/2015Application (15A603) granted by Justice Alito extending the time to file until February 20, 2016.
02/19/2016Petition for a writ of certiorari filed. (Response due March 23, 2016)
02/22/2016Waiver of right of respondents King Drug Company of Florence, Inc., et al. to respond filed.
02/24/2016DISTRIBUTED for Conference of March 18, 2016.
03/02/2016Response Requested . (Due April 1, 2016)
03/11/2016Order extending time to file response to petition to and including May 2, 2016.
03/31/2016Brief amicus curiae of National Association of Manufacturers filed.
04/01/2016Brief amicus curiae of Generic Pharmaceutical Association filed.
04/01/2016Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed.
04/01/2016Brief amici curiae of Washington Legal Foundation, et al. filed.
04/01/2016Brief amicus curiae of Allergan PLC filed.
05/02/2016Brief of respondents King Drug Company of Florence, Inc., et al. in opposition filed.
05/16/2016Reply of petitioners SmithKline Beecham Corporation, dba GlaxoSmithKline, et al. filed.
05/17/2016DISTRIBUTED for Conference of June 2, 2016.
06/06/2016The Solicitor General is invited to file a brief in this case expressing the views of the United States.
10/03/2016Brief amicus curiae of United States filed.
10/19/2016DISTRIBUTED for Conference of November 4, 2016.
10/19/2016Supplemental brief of petitioners SmithKline Beecham Corporation, dba GlaxoSmithKline, et al. filed. (Distributed)
11/07/2016Petition DENIED.