Government Argues with Government Before Government

From Skip Oliva at the Voluntary Trade Council:

The U.S. Department of Justice urged the Supreme Court [last] week to reject an attempt by the Federal Trade Commission to invalidate two patent-infringement settlements reached by Schering-Plough Corporation [NYSE:SGP] nine years ago. In 2003, the FTC ruled that Schering violated the antitrust laws by settling complaints that the company brought against Upsher-Smith Laboratories and ESI Lederle, Inc.

Last year, the U.S. Eleventh Circuit Court of Appeals overturned the FTC’s decision, leading the agency to file a petition for certiorari with the Supreme Court in August 2005. The Supreme Court delayed consideration of the petition and asked the DOJ to file a brief expressing the Bush administration’s views.