Today the U.S. Supreme Court denied certiorari to the patent-validity & antitrust case, Joblove v. Barr Labs.
Joblove is the tamoxifen citrate case decided by the 2nd Circuit, which affirmed the district courts decision that a settlement between the patentee-pharmaceutical company and a generic manufacturer did not restrain trade in violation of the antitrust laws, and dismissed claims made by a class of consumers. The decision explored the tension between the Sherman Act and the Patent Act, which share the goal of goal of stimulating competition and innovation, but which provoke a tension between restraints on anti-competitive behavior imposed by the Sherman Act and grants of patent monopolies under the patent laws.
Spin it which ever way a denial of cert. can be spun, but some may see it as a pro-business affirmance that rejects a new type of antitrust action against the U.S. pharmaceutical manufacturers and their patent portfolios.