SmithKline Beecham Corp. v. King Drug Co. of Florence, Inc.
- Case Date: 8/3/2015
- Project Name: Health Care Project
On November 7, 2016, the U.S. Supreme Court issued an order declining to review an appeals court decision that requires exacting antitrust scrutiny for virtually any agreement between a brand-name drug company and a generic drug company to settle patent-infringement litigation. The decision was a setback for WLF, which filed a brief urging review. WLF argued that the decision expands antitrust liability dramatically and makes it almost impossible for litigants to settle drug-patent disputes. The Supreme Court ruled in 2013 that a patent litigation settlement that includes a large cash payment to a generic drug company calls for antitrust scrutiny because it may indicate that the brand-name company is unreasonably restraining trade by paying a competitor to stay out of the market. The appeals court expanded that holding to cover any non-cash benefit (here an exclusive patent license) paid to the generic company. WLF’s brief was joined by the Allied Educational Foundation.
More Information and Downloads:
4/1/2016: Download the Brief
8/4/2015: Download the Brief