Batson Challenge Based on Sexual Orientation

Smithkline Beecham Corporation v. Abbott Laboraties  out the 9th circuit was an antitrust suit relating to a licensing agreement and pricing of HIV drugs.   This is the first case I am aware of dealing with sexual orientation as a preemptory challenge ground.  In the case, the 9th circuit overturned a 3.5 million dollar verdict and remanded for a new trial because the only openly homosexual juror was struck.  The 9th circuit ruled that under the facts as presented in the case this was a Batson violation for systematically striking jurors based on sexuality.   I expect this issue to be litigated more in the future.