Skip to main content

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

Certiorari Denied

Petition for certiorari denied on November 7, 2016.

Docket No.15-1055
Op. Below3d Cir.

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.

Proceedings & orders timeline

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

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.