Merck & Co. v. Louisiana Wholesale Drug Co.
- Case Date: 7/6/2011
- Project Name: Health Care Project
On June 24, 2013, the U.S. Supreme Court vacated an appeals court decision that subjected routine agreements to settle patent disputes to intense antitrust scrutiny and created a presumption that such settlements violate antitrust laws. The Supreme Court “GVR’d” the case – it granted two petitions for review, vacated the appeals court decision, and remanded the case for reconsideration in light of the Supreme Court’s recent Actavis decision, which imposed a far less demanding standard on patent settlements. The Supreme Court’s GVR was a victory for WLF, which filed a brief urging the Court to review the decision by the U.S. Court of Appeals for the Third Circuit. WLF argued that parties ought to be encouraged to settle their patent disputes. By raising the possibility that settlements will routinely be subjected to condemnation under the antitrust laws, the courts are unnecessarily discouraging settlements, WLF argued.
More Information and Downloads:
9/24/2012: Download the Brief
7/10/2011: Download the Brief
Litigation Update: Court Overturns Appellate Decision That Challenged Patent Settlements
Litigation Update: Court Reopens Anititrust Challange to Pharmaceutical Settlement