from the United States Court of Appeals for the Eleventh Circuit
See other cases from the Eleventh Circuit.
Record returned to U.S.D.C. for Northern District of Georgia.
Record returned to U.S.C.A. for 11th Circuit.
JUDGMENT ISSUED
Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Scalia and Thomas, JJ., joined. Alito, J., took no part in the consideration or decision of the case.
Argued. For petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Jeffrey I. Weinberger, Los Angeles, Cal.
Letter of March 21, 2013, from counsel for respondent Solvay Pharmaceuticals, Inc. received. (Distributed)
Motion to unseal Volume II of the joint appendix GRANTED. Justice Alito took no part in the consideration or decision of this motion.
Motion to Unseal Volume II of the Joint Appendix filed by petitioner Federal Trade Commission. (Distributed)
Reply of petitioner Federal Trade Commission filed. (Distributed)
Motion of Enavail, LLC for leave to participate in oral argument as amicus curiae and for divided argument DENIED. Justice Alito took no part in the consideration or decision of this motion.
Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. (Distributed)
Brief amicus curiae of Merck & Co., Inc. filed. (Distributed)
Brief amicus curiae of New York Intellectual Property Law Association filed. (Distributed)
Brief amicus curiae of Shire PLC filed. (Distributed)
Brief amicus curiae of Enavail, LLC filed. (Distributed)
Brief amicus curiae of Generic Pharmaceutical Association filed. (Distributed)
Brief amicus curiae of Intellectual Property Owners Association filed. (Distributed)
Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
Brief amici curiae of Health and Economics Professors filed. (Distributed)
Brief amici curiae of David W. Opderbeck and Erik Lillquist filed. (Distributed)
Brief amici curiae of Mediation and Negotiation Professionals filed. (Distributed)
Brief amicus curiae of American Intellectual Property Law Association filed. (Distributed)
Brief amici curiae of Law Professors Gregory Dolin, Kent Bernard, et al. filed. (Distributed)
Brief amici curiae of Antitrust Economists filed. (Distributed)
Motion of Enavail, LLC for leave to participate in oral argument as amicus curiae and for divided argument filed.
Brief amici curiae of Generic Manufacturers Upsher-Smith Laboratories, Inc., et al. filed. (Distributed)
Brief amici curiae of Bayer AG and Bayer Corp. filed. (Distributed)
Brief amicus curiae of National Association of Manufacturers filed. (Distributed)
Brief of respondents Par Pharmaceutical Companies, Inc. and Paddock Holdings, Inc filed. (Distributed)
Brief of respondent Solvay Pharmaceuticals, Inc. filed. (Distributed)
Brief of respondent Actavis, Inc. filed. (Distributed)
Motion for leave to file Volume 2 of the joint appendix under seal GRANTED. Justice Alito took no part in the consideration or decision of this motion.
Sealed record from U.S.D.C. for Northern District of Atlanta (1 envelope). The remainder of the record is electronic.
Brief amici curiae of 118 Law, Economics, and Business Professors, and the American Antitrust Institute filed. (Distributed)
Brief amicus curiae of Representative Henry A. Waxman filed. (Distributed)
Brief amici curiae of AARP, et al. filed. (Distributed)
Brief amicus curiae of Apotex, Inc. filed. (Distributed)
Brief amicus curiae of America's Health Insurance Plans filed. (Distributed)
Brief amici curiae of New York, et al. filed. (Distributed)
Brief amici curiae of Louisiana Wholesale Drug Company, Inc., et al. filed. (Distributed)
Brief amicus curiae of National Association of Chain Drug Stores filed. (Distributed)
CIRCULATED.
Brief amicus curiae of Public Patent Foundation filed. (Distributed)
Brief amicus curiae of Knowledge Ecology International filed. (Distributed)
Record received from U.S.C.A. for 11th Circuit. (1 envelope).
Motion for leave to file Volume 2 of the joint appendix under seal filed by petitioner Federal Trade Commission.
Joint appendix filed. (Volume 1 of 2) (Statement of costs received.)
Brief of petitioner Federal Trade Commission filed.
Proposal from counsel for respondent Par Pharmaceutical Companies, Inc. to lodge copies of a letter it filed with the FTC and Dept. of Justice pursuant to the MMA.
SET FOR ARGUMENT ON Monday, March 25, 2013
Consent to the filing of amicius curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Petition GRANTED. Justice Alito took no part in the consideration or decision of this petition.
Reply of petitioner Federal Trade Commission filed. (Distributed)
Brief of respondent Solvay Pharmaceuticals, Inc. filed.
Brief of respondent Watson Pharmaceuticals, Inc. filed.
Brief of respondents Par Pharmaceutical Companies, Inc. and Paddock Holdimgs, Inc in opposition filed.
Brief amici curiae of New York, et al. filed.
Order extending time to file response to petition to and including November 13, 2012, for all respondents.
Petition for a writ of certiorari filed. (Response due November 5, 2012)
Federal Trade Commission, Petitioner, represented by Donald B. Verrilli Jr.
Federal Trade Commission, Petitioner, represented by Malcolm L. Stewart
Actavis, Inc., Respondent, represented by Clifford M. Sloan
Par Pharmaceutical Companies, Inc. and Paddock Holdimgs, Inc, Respondent, represented by Eric Grannon
Solvay Pharmaceuticals, Inc., Respondent, represented by Michelle Friedland
Solvay Pharmaceuticals, Inc., Respondent, represented by Jeffrey I. Weinberger
118 law, economics, and business professors and the American Antitrust Institute, Amicus Curiae, represented by Mark A. Lemley
AARP, et al., Amicus Curiae, represented by Kenneth W. Zeller
American Intellectual Property Law Association, Amicus Curiae, represented by Steven G. Bradbury
America's Health Insurance Plans, Amicus Curiae, represented by Richard W. Cohen
Apotex, Inc., Amicus Curiae, represented by Howard R. Rubin
Bayer AG and Bayer Corp., Amicus Curiae, represented by Lawrence D. Rosenberg
David W. Opderbeck and Erik Lillquist, Amicus Curiae, represented by David E. De Lorenzi
Enavail, LLC, Amicus Curiae, represented by Justin J. Hasford
Generic Manufacturers Upsher-Smith Laboratories, Inc., et al., Amicus Curiae, represented by Jay P. Lefkowitz
Generic Pharmaceutical Association, Amicus Curiae, represented by William M. Jay
Health and Economics Professors, Amicus Curiae, represented by Stephen Joseph Cowen
Intellectual Property Owners Association, Amicus Curiae, represented by Robert P. Taylor
Knowledge Ecology International, Amicus Curiae, represented by Krista L. Cox
Law Professors Gregory Dolin, Kent Bernard, et al., Amicus Curiae, represented by Edward G. Biester
Louisiana Wholesale Drug Company, Inc., et al., Amicus Curiae, represented by Thomas C. Goldstein
Mediation and Negotiation Professionals, Amicus Curiae, represented by Thomas A. Doyle
Merck & Co., Inc., Amicus Curiae, represented by Kannon K. Shanmugam
National Association of Chain Drug Stores, Amicus Curiae, represented by Steve D. Shadowen
National Association of Manufacturers, Amicus Curiae, represented by Martin S. Kaufman
New York, et al., Amicus Curiae, represented by Barbara D. Underwood
New York Intellectual Property Law Association, Amicus Curiae, represented by Thomas J. Kowalski
Pharmaceutical Research and Manufacturers of America, Amicus Curiae, represented by Douglas Hallward-Driemeier
Public Patent Foundation, Amicus Curiae, represented by Daniel B. Ravicher
Representative Henry A. Waxman, Amicus Curiae, represented by Scott L. Nelson
Shire PLC, Amicus Curiae, represented by Robert A. Long Jr.
Washington Legal Foundation, Amicus Curiae, represented by Kevin D. McDonald