In today’s order list, the Supreme Court invited the Solicitor General to file a brief in Joblove, et al., v. Barr Labs, Inc.  As SCOTUSblog explains:

The issue [in Joblove] is whether it violates the Sherman Act for the maker of a patented brand-name drug to share a part of its future profits to induce the maker of a generic substitute to keep its product off the market. The Court previously had declined to hear four cases on this issue that has deeply divided lower courts.

In another antitrust case, How Appealing examines the “unusual note” in Credit Suisse Securities (USA) LLC v. Billing that states:

Having been advised by Justice Kennedy that he now realizes that he should have recused himself from participation in this case, and does now recuse himself, the Court vacates its order of Thursday, December 7, 2006. The Court has reconsidered the petition for certiorari, and the petition is granted. The Chief Justice and Justice Kennedy have not participated in the vote to withdraw the order of December 7, 2006, or in the instant reconsideration of the petition for certiorari.

How Appealing has the details here.

[3/20 Update: The Legal Times (via HA) has the story on Kennedy’s recusal in Credit Suisse:

Kennedy, like most justices, never publicly explains his reasons for recusal. But his son’s employment is almost certainly the cause, since no financial conflict of interest is apparent from Kennedy’s latest financial disclosure form.

The article also notes that Chief Justice Roberts, who recused himself from the case in December 2006, “did not explain his recusal in the Credit Suisse case … but his 2005 disclosure form reveals he has investments with several of the firms connected to the case, including: Merrill Lynch, Pierce, Fenner & Smith; Fidelity; and Janus.”]

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