Case Detail

Andrx Pharmaceuticals, Inc. v. Kroger Co.
On October 12, 2004, the U.S. Supreme Court declined to review a lower-court ruling that agreements to settle patent disputes can amount to per se violations of the antitrust laws. The decision not to hear the case was a setback for WLF, which filed a brief in the case, urging that review be granted. WLF argued that parties ought to be encouraged to settle their patent disputes. By raising the possibility that settlements will be subjected to per se condemnation under the antitrust laws, the federal appeals court in Cincinnati is unnecessarily discouraging settlements, WLF argued.
Case Status:
Review denied.
More Information and Downloads:
12/9/2003: Download the Brief

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