GSK agrees to SCOTUS review

GSK, hired Paul Clement, the former Solicitor General under President George W. Bush to represent its interests in the US Supreme Court.  Mr. Clement argued in GSK’s brief that even though GSK won in the 9th Circuit that the court should hear the case to resolve the split with the 2nd Circuit.  The Chamber of Commerce and PhRMA (the trade group for the pharmaceutical industry) also filed briefs on behalf of the industry asking the court to take the case.  Predictions are the court will determine if they will hear the case in December or January.  If one is placing a bet on this one, CW says they grant cert.  Only the sales exemption would be implicated in this case, not admin.

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