Legal Opinion

Schering-Plough Corp. v. Federal Trade Commission

Court of Appeals for the Eleventh Circuit

Decided March 8, 2005No. 04-10688PublishedCited by 47 opinions

1Opinion of the Court

FAY, Circuit Judge:

Pharmaceutical companies Schering-Plough Corp. and Upsher-Smith Laboratories, Inc. petition for review of an order of the Federal Trade Commission (“FTC”) that they cease and desist from being parties to any agreement settling a patent infringement lawsuit, in which a generic manufacturer either (1) receives anything of value; and (2) agrees to suspend research, development, manufacture, marketing, or sales of its product for any period of time. The issue is whether substantial evidence supports the conclusion that the Schering-Plough settlements unreasonably restrain trade…

2Cases cited44 opinions

  1. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  2. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  3. Consolo v. Federal Maritime CommissionSupreme Court of the United States · 1966
  4. Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1969
  5. Continental T. v. Inc. v. GTE Sylvania Inc.Supreme Court of the United States · 1977

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3Cited by47 opinions

  1. F.T.C. v. Actavis, Inc.Supreme Court of the United States · 2013
  2. Joblove v. Barr Labs. Inc.Court of Appeals for the Second Circuit · 2005
  3. Andrx Pharmaceuticals v. Elan CorporationCourt of Appeals for the Eleventh Circuit · 2005
  4. McWane, Inc. v. Federal Trade CommissionCourt of Appeals for the Eleventh Circuit · 2015
  5. In Re K-Dur Antitrust LitigationCourt of Appeals for the Third Circuit · 2012

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