The Solicitor General Does Not Like This One Either
Reverse payment settlements of pharmaceutical patent litigation is a hot issue in antitrust. Earlier today, the Solicitor General recommended that the Supreme Court deny certiorari in case that would allow the Court to address the issue. According to the brief:
The United States submits that the petition for a writ of certiorari should be denied. Although the petition presents an important and difficult question, and the court of appeals adopted an incorrect standard, this case does not appear to be a good vehicle for resolving the question presented.
Last year, the Solicitor General also recommended that the Court deny certiorari last year in the Schering-Plough case.
Here is a copy of the Solicitor General’s brief: sg-brief.pdf.
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