Skip to main content

Upsher-Smith Laboratories, Inc. v. Louisiana Wholesale Drug Company, Inc.

Linked with Merck & Co. v. Louisiana Wholesale Drug Company, Inc. (12-245)

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

Docket No.12-265
Op. Below3d Cir.
SCOTUS Page

Issue

Whether the Third Circuit erred by holding, contrary to the Second, Eleventh, and Federal Circuits, that an agreement settling patent litigation that does not restrict competition outside the scope of the exclusionary right granted by the patent itself may presumptively violate the antitrust laws.

Proceedings & orders timeline

Aug 29, 2012
Petition for a writ of certiorari filed. (Response due October 1, 2012)
Sep 6, 2012
Order extending time to file response to petition to and including October 24, 2012, for all respondents.
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 1, 2012
Brief amicus curiae of Generic Pharmaceutical Association filed.
Oct 12, 2012
Order 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 19, 2012
Reply of petitioner Upsher-Smith Laboratories, Inc. filed. (Distributed)
Nov 20, 2012
DISTRIBUTED for Conference of December 7, 2012.
Jun 17, 2013
DISTRIBUTED for Conference of June 20, 2013.
Jun 19, 2013
Supplemental brief of respondents Louisiana Wholesale Drug Company, Inc., et al. filed. VIDED. (Distributed) tbp
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.

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.