No. 20-1293
AbbVie Inc., et al. v. Federal Trade Commission
Amici (3)
Experienced Counsel
Tags: antitrust antitrust-law civil-procedure due-process litigation-exception noerr-pennington noerr-pennington-immunity objective-baselessness sham-litigation standing subjective-element
Key Terms:
Antitrust FirstAmendment Patent
Antitrust FirstAmendment Patent
Latest Conference:
2021-06-17
Question Presented (AI Summary)
Whether the subjective element of the 'sham litigation' exception to Noerr-Pennington immunity may be met by an inference from a finding that a challenged lawsuit was objectively baseless, even without evidence that the antitrust defendant actually believed the suit lacked merit or was indifferent to the outcome
Question Presented (OCR Extract)
QUESTION PRESENTED Whether the subjective element of the “sham litigation” exception to Noerr-Pennington immunity may be met by an inference from a finding that a challenged lawsuit was objectively baseless, even without evidence that the antitrust defendant actually believed the suit lacked merit or was indifferent to the outcome. @
Docket Entries
2021-06-21
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2021-06-01
DISTRIBUTED for Conference of 6/17/2021.
2021-06-01
Reply of petitioners AbbVie Inc., Abbott Laboratories, Unimed Pharmaceuticals LLC, and Besins Healthcare, Inc. filed. (Distributed)
2021-05-28
Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
2021-05-19
Brief of respondent United States in opposition filed.
2021-04-19
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
2021-04-19
Brief amici curiae of Law Professors filed.
2021-04-19
Brief amici curiae of Pharmaceutical Research and Manufacturers of America and Biotechnology Innovation Organization filed.
2021-04-16
Motion to extend the time to file a response is granted and the time is extended to and including May 19, 2021.
2021-04-15
Motion to extend the time to file a response from April 19, 2021 to May 19, 2021, submitted to The Clerk.
2021-03-18
Petition for a writ of certiorari filed. (Response due April 19, 2021)
Attorneys
AbbVie Inc., Abbott Laboratories, Unimed Pharmaceuticals LLC, and Besins Healthcare, Inc.
Seth P. Waxman — Wilmer Cutler Pickering Hale and Dorr LLP, Petitioner
Chamber of Commerce of the United States of America
Ilana Hope Eisenstein — DLA Piper LLP (US), Amicus
Law Professors
J. Mark Gidley — White & Case LLP, Amicus
Pharmaceutical Research and Manufacturers of America and Biotechnology Innovation Organization
Mark W. Mosier — Covington & Burling, LLP, Amicus
United States
Elizabeth B. Prelogar — Acting Solicitor General, Respondent