Despite the U.S. Supreme Court’s decision three years ago to eliminate the per serule against resale price maintenance, the state of the law remains in flux primarily because some state antitrust enforcers continue to aggressively pursue RPM arrangements under state law. Recent examples include New York’s prosecution of Tempur-Pedic International and California’s case against DermaQuest Inc. Maryland has also deemed RPM agreements as per se illegal under its state antitrust law. These developments threaten to create a patchwork of RPM laws resembling the situation with indirect purchaser law suits, which are forbidden at the federal level and in some states but not others.