Petitions to Watch | Conference of 4.24.09

This edition of “Petitions to Watch” features cases up for consideration at the Justices’ private conference on April 24. As always, the list contains the petitions on the Court’s paid docket that Tom has deemed to have a reasonable chance of being granted. To access previous editions of Petitions to Watch, visit our archives on SCOTUSwiki.

Docket: 08-905
Title: Merck & Co., Inc., et al., Petitioners v. Richard Reynolds, et al.
Issue: Whether under the “inquiry notice” standard applicable to federal securities fraud claims, the statute of limitations does not begin to run until an investor receives evidence of scienter.

• Opinion below (3rd Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner’s reply

Docket: 08-937
Title: Aventis Pharma S.A., et al., Petitioners v. Amphastar Pharmaceuticals, Inc., et al.
Issue: Whether a court may refuse to enforce a patent on the basis of an inequitable conduct determination premised on a sliding scale between intent and materiality.

• Opinion below (Federal Circuit)
• Petition for certiorari
• Brief in opposition (for respondent Amphastar Pharmaceuticals)
• Brief in opposition (for respondent Teva Pharmaceuticals)
• Petitioner’s reply
• Brief amicus curiae of Washington Legal Foundation (in support of petitioners)
• Brief amici curiae of Ole Nilssen and Geo Foundation Ltd. (in support of petitioners)