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Wyeth Letter to Supreme Court re Pfizer Acquisition

By James M. Beck and Mark Herrmann

The blogosphere has raised an issue about the possible effect of Pfizer's acquisition of Wyeth on the pending Supreme Court case of Wyeth v. Levine.

To keep our readers abreast of the situation, we post here a link to Seth Waxman's letter to the Supreme Court (on behalf of Wyeth) explaining that Pfizer and Wyeth "expect the transaction to close at the end of the third quarter or during the fourth quarter of 2009," and that the proposed acquisition does not warrant "amendment of the corporate disclosure statement in [Wyeth's] previously-filed briefs."

As a practical matter, the justices presumably voted on Wyeth v. Levine during their conference immediately after the argument on November 3, and later developments are thus unlikely to create an appearance of impropriety.

Full post as published by Drug and Device Law on February 06, 2009 (boomark / email).