Skip to main content

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.

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.