Tuesday, June 27, 2006
The Supreme Court denied cert in the much-watched Schering-Plough case, leaving the question of the antitrust treatment of reverse payments in patent litigation settlements to be decided, I guess, in the pages of law reviews or perhaps over drinks after a spirited Antitrust conference.
The Court did grant cert in a case involving the sufficiency of evidence to plead antitrust conspiracy (Bell Atlantic v. Twombly) and in a case involving predatory bidding (Weyerhauser v. Ross-Simmons). The respective appellate court opinions can be downloaded below.
Second Circuit opinion in Bell Atlantic: Download BellAtlantic.pdf
Ninth Circuit opinion in Weyerhauser: Download Ross-Simmons.pdf