Louisiana Wholesale Drug Co. v. Bayer AG
Certiorari Denied
Petition for certiorari denied on March 7, 2011.
Docket No.10-762
Op. Below2d Cir.
Issue
Whether, absent patent fraud or sham litigation, a brand drug maker's substantial payment to a competing generic drug maker to forgo judicial testing of the patent and restrict entry is per se lawful under the Sherman Act.
Recommended Citation: Louisiana Wholesale Drug Co. v. Bayer AG, SCOTUSblog, https://www.scotusblog.com/cases/louisiana-wholesale/