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Merck & Co. v. Louisiana Wholesale Drug Company, Inc.

Linked with Upsher-Smith Laboratories, Inc. v. Louisiana Wholesale Drug Company, Inc. (12-265)

Petition granted, judgment vacated and case remanded for further consideration in light of FTC v. Actavis on June 24, 2013

Docket No.12-245
Op. Below3d Cir.
SCOTUS Page

Issue

Whether the federal antitrust laws permit a brand-name manufacturer that holds the patent for a drug to enter into a settlement of patent litigation with a prospective generic manufacturer, where the settlement includes a payment from the brand manufacturer to the generic manufacturer but does not exclude competition beyond the scope of the patent.

Proceedings & orders timeline

Aug 24, 2012
Petition for a writ of certiorari filed. (Response due September 24, 2012)
Sep 6, 2012
Order extending time to file response to petition to and including October 24, 2012, for all respondents.
Sep 10, 2012
Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioner.
Sep 24, 2012
Brief amicus curiae of Pharmaceutical Research and Manufacturers of America (PhRMA) filed.
Sep 24, 2012
Brief amicus curiae of Washington Legal Foundation filed. VIDED.
Sep 24, 2012
Brief amicus curiae of New York Intellectual Property Law Association filed. VIDED.
Sep 24, 2012
Appendix of amicus New York Intellectual Property Law Association filed. VIDED.Sep 24, 2012
Brief amici curiae of Bayer AG & Bayer Corp. filed. VIDED.
Oct 12, 2012
Order further extending time to file response to petition to and including November 5, 2012.
Oct 31, 2012
Order further extending time to file response to petition to and including November 7, 2012.
Nov 7, 2012
Brief of respondents Louisiana Wholesale Drug Company, Inc., et al. in opposition filed. VIDED.
Nov 20, 2012
DISTRIBUTED for Conference of December 7, 2012.
Nov 20, 2012
Reply of petitioner Merck & Co., Inc. filed. (Distributed)
Jun 17, 2013
DISTRIBUTED for Conference of June 20, 2013.
Jun 18, 2013
Supplemental brief of petitioner Merck & Co., Inc. filed. (Distributed)
Jun 19, 2013
Supplemental brief of respondents Louisiana Wholesale Drug Company, Inc., et al. filed. VIDED. (Distributed)
Jun 24, 2013
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of FTC v. Actavis, Inc., 570 U.S. ___ (2013). Justice Alito took no part in the consideration or decision of this petition.
Jul 26, 2013
JUDGMENT ISSUED.

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