Commonwealth v. Tap Pharmaceutical Products, Inc.

ORDER

AND NOW, this 16th day of June, 2014, the Order of the Commonwealth Court is VACATED, and the matter is remanded per the terms of Mr. Justice Baer’s responsive opinion in Commonwealth v. TAP Pharm. Prods., Inc., J-52B-2014, — Pa. -, 94 A.3d 350, 2014 WL 2723008 (Pa. June 16, 2014).1

*367Justice STEVENS did not participate in the consideration or decision of this case.

Justice BAER files a concurring statement in which Justices TODD and MeCAFFERYjoin.. The vacation here, as in the noted case involving a different pharmaceutical company, rests on the Commonwealth’s failure, by any measure, to…