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AbbVie Inc., et al. v. Federal Trade Commission

Paid petition · United States Court of Appeals for the Third Circuit, No. 18-2621, 18-2748, 18-2758 · judgment September 30, 2020

Certiorari denied · June 21, 2021

Pre-decision estimate: 16% cert probability (95% interval 10%–24%)

Before the decision, about 3.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Third Circuit decision below, and a circuit split argued in the petition.

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. (i)

Counsel of record

For petitioner
Seth P. Waxman
Wilmer Cutler Pickering Hale and Dorr LLP

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Amicus briefs
3 cert-stage

Proceedings

Jun 21 2021
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
Jun 01 2021
DISTRIBUTED for Conference of 6/17/2021.
Jun 01 2021
Reply of petitioners AbbVie Inc., Abbott Laboratories, Unimed Pharmaceuticals LLC, and Besins Healthcare, Inc. filed. (Distributed)
May 28 2021
Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
May 19 2021
Brief of respondent United States in opposition filed.
Apr 19 2021
Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Apr 19 2021
Brief amici curiae of Law Professors filed.
Apr 19 2021
Brief amici curiae of Pharmaceutical Research and Manufacturers of America and Biotechnology Innovation Organization filed.
Apr 16 2021
Motion to extend the time to file a response is granted and the time is extended to and including May 19, 2021.
Apr 15 2021
Motion to extend the time to file a response from April 19, 2021 to May 19, 2021, submitted to The Clerk.
Mar 18 2021
Petition for a writ of certiorari filed. (Response due April 19, 2021)