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United States v. Glaxo Group Ltd. Et Al.

• 1972 • 410 U.S. 52 • Burger Court
In the case of United States v. Glaxo Group Ltd., et al., 1972, the U.S. Supreme Court was asked to consider whether a British pharmaceutical company violated American antitrust laws by refusing to license an antibiotic drug patent in the U.S. The government argued that this refusal constituted illegal monopolistic behavior because it prevented competition and led to higher prices for consumers. However, Glaxo Group contended that as a foreign corporation with no commercial presence in America,...Open Case
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Chief Burger Court
Term: 1972
Docket: 71-666
410 U.S. 52
93 S. Ct. 861
35 L. Ed. 2d 104
1973 U.S. LEXIS 26
Argued: Nov 09, 1972

United States v. Glaxo Group Ltd. Et Al.

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Opinion Summary
AI Abstract

In the case of United States v. Glaxo Group Ltd., et al., 1972, the U.S. Supreme Court was asked to consider whether a British pharmaceutical company violated American antitrust laws by refusing to license an antibiotic drug patent in the U.S. The government argued that this refusal constituted illegal monopolistic behavior because it prevented competition and led to higher prices for consumers. However, Glaxo Group contended that as a foreign corporation with no commercial presence in America, they were not subject to U.S antitrust laws. The court ruled in favor of Glaxo Group Ltd., stating that while American antitrust law does apply extraterritorially under certain circumstances, those conditions were not met here because there was insufficient evidence showing direct harm on domestic commerce resulting from their actions overseas. This decision clarified how far-reaching US anti-trust legislation could be applied internationally and set precedent for future cases involving international corporations operating outside of US jurisdiction but having potential impacts within it.

Dissent Summary
AI Abstract

In the dissenting opinion for United States v. Glaxo Group Ltd., it was argued that the majority's decision to uphold a patent on tetracycline, despite evidence of prior art and obviousness, undermined the purpose of patent law. The dissent emphasized that patents should only be granted for truly novel inventions, not slight modifications or improvements upon existing knowledge. They pointed out that granting such broad protection stifled competition and innovation by allowing companies to monopolize basic scientific research. Furthermore, they criticized the court's reliance on technicalities in interpreting patent law rather than considering its broader implications for public policy and economic development.

Opinion written by Justice BRWhite
Decided: Jan 22, 1973
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Argued: Oct 05, 2026
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